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17 April 2014
Issue: 7603 / Categories: Case law , Law digest , In Court
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EU—Tax

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

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NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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