In 2004, the Austrian Supreme Administrative Court had to deal with the complaints of the Austrian parent company of a Belgian subsidiary according to which the Austrian Tax Administration had violated Community Law because of its refusal to grant relief for the Belgian source tax levied on interest paid by the Belgian subsidiary to its Austrian parent company. The reason for not granting tax relief in Austria was the fact that the Austrian parent company had suffered a loss in the respective year so that there was no Austrian corporation tax levied on the Belgien interest income against which the Belgian source tax could have been credited according to the Austro-Belgian Double Taxation Convention. However, the company's argument has been that a source tax levied on interest payments received from an Austrian bank would have been reimbursed to the company in the course of its tax assessment, and therefore the refusal of equal relief in relation to the Belgian interest tax constitutes a violation of the freedom of capital movement as well as of the freedom of establishment. In its ruling of 21 October 2004, the Court abrogated the decision of the Local Finance Directorate; but not ...