December 02
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Anjum Shabbir
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6th February 2020
Competition & State Aid

German Bundesfinanzhof asks CJEU about the concept of State aid

A request for a preliminary ruling (C-797/19) from the German Federal Fiscal Court (Bundesfinanzhof) in the case B-GmbH v D Tax Office has been published in the Official Journal. The case concerns the interpretation of the concept of ‘State aid’ under Article 107(1) of the Treaty on the Functioning of the European Union (TFEU) when applied to incorporated companies governed by private law.

The referring court asks the Court of Justice whether State aid in the sense of Article 107(1) TFEU exists ‘if, under the legislation of a Member State, losses incurred (on a permanent basis) by an incorporated company as a result of an economic activity carried out without remuneration that is sufficient to covers costs are to be regarded, in p

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