39In that respect, it should be noted that the Belgian DTI tax system, as was in force during the tax years 1992 to 1998, which was at issue in the case giving rise to the judgment of 12 February 2009, Cobelfret (C‑138/07, EU:C:2009:82), provided that dividends received by the parent company were added to its tax base and that, subsequently, an amount corresponding to 95% of those dividends was deducted from that base, but only to the extent that the parent company continued to have taxable profits, there being no possibility of carrying forward to subsequent tax years the part of the DTI which was not deducted. The Court held, in paragraphs 37 and 39 of that judgment, that, when the parent company did not make other taxable profits in the tax period concerned, such legislation had the effect of reducing the parent company’s losses up to the amount of the dividends received and, in so far as it allowed losses to be carried forward to subsequent tax years, was likely to increase the parent company’s tax base in subsequent tax years.
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