The Court finds that the Member State of origin complies with the principle of proportionality if, for the purpose of safeguarding the exercise of its powers of taxation, it determines definitively – without taking account of decreases or increases in value which may occur subsequently – the tax due on the unrealised capital gains that have arisen in its territory at the time when its power of taxation in respect of the company in question ceases to exist.

the total unrealised gains or losses, the total latent revaluation gains or losses, and any of these amounts included in the original or additional own funds.

Moreover, the Court considers that the objective envisaged to prevent a taxpayer eluding payment of the tax on increased value due in France may be attained by measures that are less coercive or less restrictive of the freedom of establishment, and which relate specifically to the risk of such a temporary transfer, for example by taxing a taxpayer who, after a short stay abroad, returns to France once his increased values have been realised.

per category of financial instruments, the fair value, the changes in value included directly in the profit and loss account as well as, in accordance with Article 42c of that Directive, changes included in the fair value reserve;

per category of financial instruments, the fair value, the changes in value included directly in the profit and loss account as well as changes included in the fair value reserve;

The aid authorized breaks down as follows: - aid totalling £800 million to cover operating losses of British Coal Corporation incurred in the 1989/90 financial year; - aid totalling £374 million and £203 million to cover losses of British Coal Corporation in 1987/88 and 1988/89 respectively; - aid totalling £500 million to British Coal Corporation for the constitution of a provision to cover compensation for hearing loss arising from production activities prior to 1989/90; - aid totalling £2 000 million to British Coal Corporation for the constitution of a provision for concessionary supplies of coal, smokeless fuel or, in certain cas ...[+++]es, a payment in kind to mineworkers on retirement, former mineworkers and their beneficiaries, in respect of production activities prior to the 1990/91 financial year; - a financial measure totalling £1 800 million reflecting the decline in the underlying value of British Coal Corporation's fixed assets.