Case C-209/16 P: Judgment of the Court (Second Chamber) of 28 June 2018 — Federal Republic of Germany v Lowell Financial Services GmbH, formerly GFKL Financial Services AG, European Commission (App...

C 294/4 EN Official Journal of the European Union 20.8.2018 Judgment of the Court (Second Chamber) of 28 June 2018 — Federal Republic of Germany v Lowell Financial Services GmbH, formerly GFKL Financial Services AG, European Commission (Case C-209/16 P) (1) (Appeal — State aid — German tax legislation concerning the possibility of carrying certain losses forward to future tax years (‘restructuring clause’) — Decision declaring the aid scheme incompatible with the internal market — Action for annulment — Admissibility — Article 263, fourth paragraph, TFEU —Person individually concerned — Article 107(1) TFEU — Concept of ‘State aid’ — Condition relating to selectivity — Determination of the reference framework — Legal classification of the facts) (2018/C 294/04) Language of the case: German Parties Appellant: Federal Republic of Germany (represented by: T. Henze and R. Kanitz, acting as Agents) Other parties to the proceedings: Lowell Financial Services GmbH, formerly GFKL Financial Services AG (represented by: M. Schweda, M. Knebelsberger and F. Loose, Rechtsanwälte), European Commission (represented by: R. Lyal, T. Maxian Rusche and K. Blanck-Putz, acting as Agents) Operative part of the judgment The Court: 1. Dismisses the cross-appeal; 2. Sets aside points 2 and 3 of the operative part of the judgment of the General Court of the European Union of 4 February 2016, GFKL Financial Services v Commission (T-620/11, EU:T:2016:59); 3. Annuls Commission Decision...