30.3.2015   

EN

Official Journal of the European Union

C 107/2


Judgment of the Court (Grand Chamber) of 3 February 2015 — European Commission v United Kingdom of Great Britain and Northern Ireland

(Case C-172/13) (1)

((Failure of a Member State to fulfil obligations - Article 49 TFEU - Article 31 of the EEA Agreement - Corporation tax - Groups of companies - Group relief - Transfer of losses sustained by a non-resident subsidiary - Conditions - Date to be used for determining whether the losses of the non-resident subsidiary are definitive))

(2015/C 107/02)

Language of the case: English

Parties

Applicant: European Commission (represented by: W. Roels and R. Lyal, acting as Agents)

Defendant: United Kingdom of Great Britain and Northern Ireland (represented by: V. Kaye, S. Brighouse and A. Robinson, acting as Agents, assisted by D. Ewart QC and S. Ford, Barrister)

Interveners in support of the defendant: Federal Republic of Germany (represented by: T. Henze and K. Petersen, acting as Agents), Kingdom of Spain (represented by: A. Rubio González and A. Gavela Llopis, acting as Agents), Kingdom of the Netherlands (represented by: M.K. Bulterman and J. Langer, acting as Agents), Republic of Finland (represented by: S. Hartikainen, acting as Agent)

Operative part of the judgment

The Court:

1)

Dismisses the action;

2)

Orders the European Commission to pay the costs;

3)

Orders the Federal Republic of Germany, the Kingdom of Spain, the Kingdom of the Netherlands and the Republic of Finland to bear their own costs.


(1)  OJ C 207, 20.7.2013.