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ECJ: German thin capitalization rules reclassifying interests paid to substantial shareholders in third States are not incompatible with EC law

|Approved Changes|Europran Union-Germany_Switzerland
Europran Union-Germany_Switzerland

On 10 May 2007, the European Court of Justice (ECJ) gave its decision in the case of Lasertec Gesellschaft für Stanzformen GmbH v. Finanzamt Emmendingen (C-492/04), by way of a reasoned order, on the compatibility of the German thin capitalization rules with EC law in situations involving third States (non-EU countries). According to the first subparagraph of Art. 104(3) of the Rules …

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