On 28 June 2018, a judgment of the Court of Justice of the European Union was issued concerning whether certain exceptions to German's loss forfeiture rules constitute Illegal State aid as determined by the European Commission in 2011 and subsequently upheld by the General Court.
Under German tax law, the carry-forward of losses is generally forfeited proportionally when there is a change of ownership of 25% to 50% and totally when there is a change of ownership exceeding 50%, although the…