Traduction de «Non imposable » (Français → Anglais) :

Although, as pointed out in recital 93, the labour rules imposed on OTE are indeed an exception to the ordinary labour law applied to date to any other private company in Greece, and the permanent status and the high salaries guaranteed to OTE employees were not in reality the result of a freely negotiated collective agreement, but rather imposed on the company by the State itself, the Commission notes that at no time since OTE became a listed company did the Greek authorities indicate that OTE’s labour law liabilities did not have to be assumed by the company’s normal budget or that the State would have to compensate OTE for the extra c ...[+++]osts of permanency and high salaries imposed by law on it. Likewise, OTE’s stock valuation was also based on the assumption that the permanency and high salary costs of OTE are normally for OTE’s budget to bear.

It also announces plans for work with Member States and businesses on using financial accounts as a starting point for a single tax base (taxable profits) and on possible arrangements for apportioning a single base between different Member States.

A Co-ordination Centre is an undertaking belonging to a multinational group providing services to other members of the group. Under a 10-year license granted by the tax authorities, the taxable revenues of a Co-ordination Centre are determined according to the so-called "cost-plus" method. The cost plus method is normally aimed at avoiding double taxation and limiting tax avoidance. In the cost plus method, the taxable profit is calculated as a percentage of the aggregated operating costs. Although this method of taxation does not constitute State aid per se, its practical application may well give rise to State aid. With respect to the Belgian scheme, the Commission has concluded that the Belgian authorit ...[+++]ies apply the cost-plus method in a way that gives raise to State aid. Firstly, Belgium systematically uses a default mark-up rate of 8% without verifying whether this rate reflects the economic reality of the services provided by the Co-ordination Centres. Secondly, the way in which the expenditure of the Centre is calculated excludes significant operating cost items of the Centre. Thirdly, the Belgian Co-ordination Centres enjoyed additional tax advantages such as a withholding exemption on income distributions and a real-estate property tax exemption. The benefits reduce the amount of taxable profits and thus grants an advantage not justified under the EU State aid rules.

The fixed prices only apply to re-imports into Germany when the sole purpose of the export and re-import is to circumvent the national price fixing system.

The European Commission has evaluated the latest changes to the system for fixed book prices in the Netherlands, especially the abolition of the resale price maintenance for imported books.

(a) when a third country imposes quantitiative restrictions on the establishment of investment firms of an EFTA State or imposes restrictions on such investment firms that it does not impose on Community investment firms, authorizations granted by competent authorities within the Community to investment firms being direct or indirect subsidiaries of parent undertakings governed by the laws of that third country shall have validity only in the Community, except where an EFTA State decides otherwise for its own jurisdiction;