The provisions regarding the free movement of capital and payment transactions are to be interpreted as precluding the German Paragraph 9 No 7 of the Gewerbesteuergesetz 2002 in so far as those provisions cause the trade tax deduction of the profit and add-backs by the amount of the profits from shares in a capital company whose management and registered office are located outside Germany to be tied to stricter requirements than for the deduction of the profit and the add-backs by the amount of the profits from shares in a non-tax-exempt domestic capital company or by that part of the trade earnings of a domestic undertaking allocated to a permanent establishment not located in Germany. The German measure is not appropriate or necessary to prevent abusive practices and behaviour or to combat tax evasion or tax avoidance.