This summer, the Borgarting lagmannsrett (Borgarting Court of Appeal) in Norway has submitted a request for an advisory opinion to the EFTA Court under Article 34 SCA on ‘final losses’ and the freedom of estalbishment in Case E-7/23, ExxonMobile Norway v Norwegian Tax Administration.
In the case, ExxonMobil are seeking to claim a deduction with the Skatteetaten (Norwegian Tax Administration) for a cross-border group contribution from ExxonMobile Norway 🇳🇴 to ExxonMobile Denmark 🇩🇰 relating to ‘final losses’ for the fiscal year of 2012.
The issue of ‘final losses’ and its exception was dealt with in part by the Court of Justice of the European Union, starting in Case C-446/03, Marks & Spencers, and the EFTA Court dealt with it in part in Case E-15/16, Yara.
Now the referring court is seeking assistance as to whether the Norwegian measures, in refusing to consent to the tax deduction given the facts at hand, would be contrary to freedom of establishment (Article 31 EEA and Article 34 EEA).
More information on the Case E-7/23, ExxonMobile Norway v Norwegian Tax Administration case can be seen at the following link: https://lnkd.in/dnFu6Bw6
Graham Butler