CJEU – Recent Developments in Direct Taxation 2019

1. S. 72Introduction

My contribution will cover three cases. The first two, C-608/17 Holmen AB and C-607/17 Memira Holding AB, concern cross-border losses. Associate Professor Katia Cejie discussed these two cases at the 2018 conference on recent and pending cases, at which time, they were truly pending. They were decided by the CJEU on 19 June 2019. Since my presentation at the 2019 conference, Holmen and Memira Holding have now been decided by the Swedish Supreme Administrative Court (SAC). This took place on 20 December 2019. Consequently, I have adapted this contribution to take account of these decisions by the Supreme Administrative Court.

The third case, C-484/19, was recently referred to the CJEU by the Supreme Administrative Court and concerns interest deduction limitations for companies.

2. Cross-border loss deductions

In her contribution to the CJEU – Recent Developments in Direct Taxation 2018 book, Associate Professor Katia Cejie described and analysed the Holmen and Memira Holding cases. I can refer the reader to her excellent contribution for a more thorough description and analysis of the facts of the cases, as well as the relevant Swedish and EU law. I will not reiterate he...