El caso GIMLE: una nueva oportunidad perdida para aclarar el sentido del principio de imagen fiel y sus consecuencias fiscales

Abstract

The ECJ decided on October 3rd 2013 for the first time on the true and fair override contained in the European Directive and the domestic commercial law of Member States (Gimle case). This article offers a critical approach to the decision and additionally tries to anticipate its possible outcome for the Spanish Commercial Accounting Law Group Regime and in general for the accounting
principle of substance over form. The article concludes with a general reflection on which should have been the proper approach of the ECJ to the true and fair view override and its fiscal consequences.