Judgment_paragraph 23 · European Commission v United Kingdom of Great Britain and Northern Ireland (C-172/13)

23The difference in treatment, found in paragraph 21 above in relation to the granting of the tax advantage in question, between losses sustained by resident subsidiaries and those of non-resident subsidiaries is of such a kind as to hinder the exercise by the group parent company of its freedom of establishment for the purposes of Article 49 TFEU by deterring it from setting up subsidiaries in other Member States (see, to that effect, judgments in Marks & Spencer, EU:C:2005:763, paragraph 33; Felixstowe Dock and Railway Company and Others, EU:C:2014:200, paragraph 21; and Nordea Bank Danmark, C‑48/13, EU:C:2014:2087, paragraph 22).