The House of Lords' Economic
Affairs committee's report into corporate taxation makes for 'a very
disappointing read', says Bill Dodwell
In December 2002, the European Court of Justice (ECJ) issued
its judgment in the German Lankhorst Hohorst case. It concerned the
German subsidiary of a Dutch parent. The German company was in financial
difficulties, so the Dutch parent lent it some money to reduce its
bank debt. German law at the time effectively denied the German company
a tax deduction for the interest where paid to a non-German related
party. The ECJ declared this was contrary to the freedom of establishment
provision in the European Treaty.
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