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11 April 2014
Issue: 7602 / Categories: Case law , Law digest , In Court
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Tax

Felixstowe Dock and Railway Co Ltd & other companies v Revenue & Customs Commissioners C-80/12, [2014] All ER (D) 09 (Apr)

Freedom of establishment, which Art 49 of the TFEU granted to EU nationals, included the right for them to take up and pursue activities as self-employed persons and to set up and manage undertakings under the conditions laid down for its own nationals by the law of the member state where such establishment was effected. It entailed, in accordance with Art 54 TFEU, for companies or firms formed in accordance with the law of a member state and having their registered office, central administration or principal place of business within the EU, the right to exercise their activity in the member state concerned through a subsidiary, a branch or an agency (see [17] of the judgment). 

Articles 49 TFEU and 54 of TFEU should be interpreted as precluding legislation of a member state under which it was possible for a resident company that was a member of a group to have transferred to it losses sustained by

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MOVERS & SHAKERS

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

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A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
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