Examples of using Deutsche shell in English and their translations into Slovak
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DEUTSCHE SHELL gives the following.
It confines itself to the contention that Deutsche Shell has suffered no real loss.
However, Deutsche Shell has suffered an exchange rate loss.
On 17 July 1992,the monies realised on the sale of the shares to Edison were transferred to Deutsche Shell.
In 1974, Deutsche Shell set up a branch in Italy.
The Finanzamt argues that that the description of the facts given by Deutsche Shell is largely fictive, as is the currency loss itself.
On 14 August 2003 Deutsche Shell brought an action before the Finanzgericht Hamburg against the dismissal of its objection by the Finanzamt.
The resulting currency loss of DEM 122 698 502 should havebeen taken into consideration when assessing Deutsche Shell's global profits.
On 2 October 1997 Deutsche Shell entered an objection to the tax assessment notice.
The amount in Italian lira obtained as aresult of the above transactions was paid to Deutsche Shell on 17 July 1992 as reimbursement of the‘startup capital'.
Deutsche Shell, a capital company with its registered office and principal place of business in Germany, set up a permanent establishment in Italy in 1974 for the.
However, if the facts are as stated by the referring court,it would appear that Deutsche Shell has suffered a real disadvantage which would indeed restrict the exercise of the freedom of establishment.
Deutsche Shell regarded the negative difference of DEM 122 698 502 resulting from the comparison between the amount of DEM 111 868 677 and the‘the startup capital' as a‘currency loss'.
In establishing whether the German law discriminates against Deutsche Shell in such a way as to infringe its right to freedom of establishment, it is necessary to identify an appropriate comparator.
DEUTSCHE SHELL invisible during the Italian tax computation in ITL, it follows that it must be so taken into account during the German tax calculation of Deutsche Shell's global profits.
Germany has submitted that this case is completely without foundation,that the loss is fictitious, and that Deutsche Shell's misstatement of the facts has produced the appearance of a problem which does not really exist.
On 28 February 1992 Deutsche Shell transferred the assets of the branch to a wholly-owned subsidiary(Sierra Gas SrL.:‘Sierra') and closed down the branch.
The proceeds generated by that branch were recorded, in accordance with Italian law,in a commercial and tax account drawn up in Italian currency and, for Deutsche Shell, in a separate German commercial and tax account.
Before the Finanzgericht Hamburg, Deutsche Shell submitted that the fact that it was unable to deduct the‘currency loss' for corporation tax purposes is incompatible with the freedom of establishment.
Deutsche Shell and the Commission confine themselves to the first question, adding only that if the answer to the first question is yes, then an affirmative answer should also be given to the second question.
The failure to take account of a currency loss in order to calculate Deutsche Shell's basis of assessment for the 1992 financial year is not offset by any tax advantage in the Member State where that company has its registered office or in the Member State where its permanent establishment is situated.
As Deutsche Shell had achieved an overall profit for 1992 through its Italian branch, even when the currency loss is taken into account, no deductible loss under Paragraph 2a(3) of the EStG ever arose.
If the currency loss had to betaken into consideration as operating expenditure in Germany, Deutsche Shell would enjoy a double tax advantage, since the positive result of its permanent establishment is exempt from tax in Germany under the Convention and the currency loss cannot be taken into account for the basis of assessment in Italy.
Deutsche Shell argues that a regime under which there is no possibility of taking into account a currency loss in either the Member State of origin of the parent company, or the Member State in which a branch is established, restricts the parent company's freedom of establishment.
On 28 February 1992, Deutsche Shell transferred the assets of its permanent establishment to an Italian subsidiary, Sierra Gas Srl, a transaction for which it had to reveal its hidden reserves.
DEUTSCHE SHELL tax powers with respect to the results of a permanent establishment which belongs to a company established in the territory of that State in order to justify the refusal to deduct expenditure incurred by that company which, by its nature, cannot be taken into account in the Member State where that establishment is situated.
Both the Commission and Deutsche Shell emphasise that, were the exchange rate losses instead an exchange rate profit, failing to include that element in the tax computation would make the resulting financial gain‘argent blanc'.
However, as both Deutsche Shell and the Commission have highlighted in their observations, Italy operated in ITL in 1992 and all computations for tax purposes would, accordingly, have been carried out solely in ITL.
As far as concerns the specific argument alleging that Deutsche Shell is likely to benefit from a double advantage from the currency loss, it must be observed that a Member State which has waived its tax powers by concluding a double taxation convention such as that applicable in the main proceedings cannot rely on the lack of.
Case C-293/06: Deutsche Shell GmbH v Finanzamt für Großunternehmen in Hamburg(Freedom of establishment- Taxation of companies- Monetary effects upon the repatriation of startup capital granted by a company established in one Member State to its permanent establishment in another Member State)(Reference for a preliminary ruling from the Finanzgericht Hamburg).