header-logo header-logo

EU—Tax

17 April 2014
Issue: 7603 / Categories: Case law , Law digest , In Court
printer mail-detail

Emerging Markets Series of DFA Investment Trust Co v Dyrektor Izby Skarbowej w Bydgoszczy C-190/12, [2014] All ER (D) 84 (Apr)

National rules relating to the tax treatment of dividends from a third country which did not apply exclusively to situations in which the parent company exercised decisive influence over the company paying the dividends had to be assessed in the light of Art 63 of the Treaty on the Functioning of the European Union (TFEU).

A company established in a member state might therefore rely on that provision in order to call into question the legality of such rules, irrespective of the size of its investment in the company paying dividends established in a third country. However, it was important to ensure that the interpretation of Art 63(1) TFEU as regards relations with third countries did not enable economic operators who did not fall within the limits of the territorial scope of freedom of establishment to profit from that freedom.

In the light of the court’s settled case-law, measures prohibited by Art 63(1) TFEU, as restrictions

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Maria Karaiskos KC, Church Court Chambers

NLJ Career Profile: Maria Karaiskos KC, Church Court Chambers

Maria Karaiskos KC, recently appointed as the first female head of Church Court Chambers, discusses breaking down barriers, the lure of the courtroom, and the power of storytelling

Bevan Brittan—Bethan Gladwyn

Bevan Brittan—Bethan Gladwyn

Housing management team expands with specialist partner hire

Ionic Legal—Tania D’Souza Culora

Ionic Legal—Tania D’Souza Culora

Brand protection and IP disputes expertise strengthened with partner hire

NEWS
In a special tribute in this week's NLJ, David Burrows reflects on the retirement of Patrick Allen, co-founder of Hodge Jones & Allen, whose career epitomised the heyday of legal aid
Writing in NLJ this week, Kelvin Rutledge KC of Cornerstone Barristers and Genevieve Screeche-Powell of Field Court Chambers examine the Court of Appeal’s rejection of a discrimination challenge to Tower Hamlets’ housing database
Michael Zander KC, Emeritus Professor at LSE, tracks the turbulent passage of the Terminally Ill Adults (End of Life) Bill through the House of Lords in this week's issue of NLJ. Two marathon debates drew contributions from nearly 200 peers, split between support, opposition and conditional approval
Alistair Mills of Landmark Chambers reflects on the Human Rights Act 1998 a quarter-century after it came into force, in this week's issue of NLJ
In his latest Civil Way column for NLJ, Stephen Gold surveys a raft of procedural changes and quirky disputes shaping civil practice. His message is clear: civil practitioners must brace for continual tweaks, unexpected contentions and rising costs in everyday litigation
back-to-top-scroll