CJEU – Recent Developments in Direct Taxation 2017

1. S. 43Introduction

Several recent cases regarding French tax law merit discussion.Euro Park Service and Eqiom SAS (previously Holcim France SAS) dealt with the compatibility of national measures with the anti-abuse provisions envisaged by both the Merger Directive and the Parent-Subsidiary Directive, and also with the freedom of establishment (2.). Extending the questions raised in Marc Jacob, the Marc Lassus case concerned the compatibility with the Merger Directive of a tax deferral when an exchange of securities had been made and the need – when taxing the exchanged securities after they have been sold – to take into account the losses realized abroad if the taxpayer had subsequently transferred his tax residence to another Member State (3.). The AFEP case dealt with the compatibility of a tax on distributions with the Parent-Subsidiary Directive (4.). At least two unusual cases may also be mentioned: in Picart, the Court of Justice had been asked to decide if an exit tax may be considered contrary to the Agreement of 21 June 1999 between the EU and Switzerland (5.); and in de Lobkowicz, the Court has decided that national legislation may not provide that income from real estate rec...