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

02 July 2007

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Approved Changes

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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 of Procedure of the ECJ, when the answer to a question referred to the ECJ is clearly deducible from existing case law, the ECJ may issue its decision in the form of a reasoned order. Details of the...