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Case C-209/16 P: Judgment of the Court (Second Chamber) of 28 June 2018 — Federal Republic of Germany v Lowell Financial Services GmbH, formerly GFKL Financial Services AG, European Commission (Appeal — State aid — German tax legislation concerning the possibility of carrying certain losses forward to future tax years (‘restructuring clause’) — Decision declaring the aid scheme incompatible with the internal market — Action for annulment — Admissibility — Article 263, fourth paragraph, TFEU — Person individually concerned — Article 107(1) TFEU — Concept of ‘State aid’ — Condition relating to selectivity — Determination of the reference framework — Legal classification of the facts)
ECLI:EU:UNKNOWN:62016CA0209
62016CA0209
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(Case C-209/16 P) (*1)
In Case C-41/24,
REQUEST for a preliminary ruling under Article 267 TFEU from the High Court (Ireland), made by decision of 1 December 2023, received at the Court on 22 January 2024, in the proceedings
Waltham Abbey Residents Association
An Bord Pleanála,
Ireland,
The Attorney General,
notice party:
O’Flynn Construction Co. Unlimited Company,
THE COURT (Tenth Chamber),
composed of D. Gratsias, President of the Chamber, J. Passer (Rapporteur) and B. Smulders, Judges,
Advocate General: J. Kokott,
Registrar: A. Calot Escobar,
having regard to the written procedure,
Language of the case: German
C2942018EN410120180628EN00044141
1.Dismisses the cross-appeal;
2.Sets aside points 2 and 3 of the operative part of the judgment of the General Court of the European Union of 4 February 2016, GFKL Financial Services v Commission (T-620/11, EU:T:2016:59);
3.Annuls Commission Decision 2011/527/EU of 26 January 2011 on State aid C 7/10 (ex CP 250/09 and NN 5/10) implemented by Germany — Scheme for the carry-forward of tax losses in the case of restructuring of companies in difficulty (Sanierungsklausel);
4.Orders the European Commission to bear its own costs in relation to the proceedings at first instance and on appeal, to pay the costs incurred by the Federal Republic of Germany in relation to the appeal proceedings, and to pay the costs incurred by Lowell Financial Services GmbH in relation to the proceedings at first instance;
5.Orders Lowell Financial Services GmbH to bear its own costs in relation to the appeal proceedings.
Language of the case: German.
* * *
(1) OJ C 222, 20.6.2016.