Judgment_paragraph 21 · Nordea Bank Danmark A/S v Skatteministeriet (C-48/13)

21It is clear that the provisions of Paragraph 33 D(5) of the ligningsloven at issue in the main proceedings result in such an advantage being denied to Danish companies having permanent establishments abroad compared with those having permanent establishments in Denmark. They lay down a rule requiring the reincorporation of losses lawfully deducted in respect of the foreign establishments transferred which does not apply if establishments in Denmark are transferred in identical circumstances.