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Image header Agence Europe
Europe Daily Bulletin No. 9333
Contents Publication in full By article 32 / 35
GENERAL NEWS / (eu) eu/court of justice

National legislation which applies a different tax scheme to subsidiaries of non-resident parent companies from that applied to subsidiaries of resident parent companies restricts freedom of establishment

Luxembourg, 21/12/2006 (Agence Europe) - In a judgment delivered on 14 December (case C 170/05), the Court of Justice states that French national legislation restricts freedom of establishment, since it makes dividends received by a non-resident parent company liable to a withholding tax, while almost fully exempting dividends received by a resident parent company. The judgment found in favour of a Dutch parent company which claimed tax discrimination against its French subsidiaries. France...

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