In a letter dated April 12, 2022, the Federal Ministry of Finance commented on the ECJ ruling of March 15, 2007 on the so-called direct claim (“Reemtsma claim”). Under certain conditions, this grants beneficiaries a pre-tax refund claim from the tax office. However, the BMF severely restricts this claim. Union law is likely to conflict with this narrow understanding of the Reemtsma claim.
Source KMLZ
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