CJEU – Recent Developments in Direct Taxation 2017

1. S. 202Introduction

1.1. The Portuguese cases covered in this paper

This paper provides an overview of two cases recently decided by the CJEU. The singularities of the cases, the legal path that was taken in each one of them, as well as the underlying legal reasoning adopted by the CJEU will be discussed.

Firstly, we will be addressing the Secil case. An eagerly awaited decision, notably because it gave the CJEU the opportunity to “shed light on some unprecedented questions”. As a matter of fact the case raised several new issues, the crux of which linked to the interplay between the TFEU and specific international agreements – the Euro-Mediterranean Agreements – concluded between the European Union, the Member States and third states.

Thereafter, we will also be looking at another decision from 2016, this one relating to the taxation of individuals who either exchange shares and transfer their residence abroad or who transfer to a non-domestic company, the assets and liabilities connected with the exercise of an economic and professional activity.

The author of this paper is compelled to make a declaration of interest relating to the Secil case. He was, from the outset, the lawyer represen...