45Nor is the German Government entitled, in order to justify the national legislation at issue in the main proceedings, to rely on the fact that the legislation merely implements a taxing power provided for in Article 4(2) of Directive 90/435, which affords to each Member State the option of providing, where a parent company receives profits distributed by a subsidiary established in another Member State — profits which the first Member State refrains from taxing or taxes while authorising that parent company to deduct from the amount of tax due that fraction of the corporation tax paid by the subsidiary which relates to those profits —, that charges relating to that holding may not be deducted from the taxable profits of that parent company. Irrespective of the question whether that directive applies to the present case, such an option can be exercised only in compliance with the fundamental provisions of the Treaty, in this case Article 52 thereof.
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