The Nordea Bank Denmark Case (C-48/13)

This paper reports on an investigation of a recent decision by the European Court of Justice (ECJ) in case C-48/13, Nordea Bank Denmark, concerning the Danish rules for reincorporation of losses from permanent establishments situated in European Union/ European Economic Area (EU/EEA) member states o...

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Bibliographic Details
Main Author: Laursen Anders Nørgaard
Format: Article
Language:English
Published: Sciendo 2014-11-01
Series:Nordic Tax Journal
Online Access:https://doi.org/10.1515/ntaxj-2014-0028
Description
Summary:This paper reports on an investigation of a recent decision by the European Court of Justice (ECJ) in case C-48/13, Nordea Bank Denmark, concerning the Danish rules for reincorporation of losses from permanent establishments situated in European Union/ European Economic Area (EU/EEA) member states other than Denmark. The article includes comments on various EU tax law aspects of the case - namely the restriction test applied by the ECJ, the justifications brought forward by the intervening governments and the question of proportionality - and examines the consequences of the Danish tax law going forward.
ISSN:2246-1809