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ECJ - Recent Developments in Direct Taxation 2012

1. Aufl. 2013

ISBN: 978-3-7073-2173-9

Folgeauflage 1. Aufl. 2015 verfügbar

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ECJ - Recent Developments in Direct Taxation 2012 (1. Auflage)

S. 235UK: The FII GLO (II) and FII GLO (III) Cases

S. 2371. Introduction

The reference back to the ECJ in the FII GLO (II) case, for clarification of the impact of the first FII GLO case, was discussed in the previous “Recent Developments” books for 2010 and again for 2011 and it is not intended to repeat what was said previously. Judgment was issued by the Court in FII GLO (II) on 13 November 2012. There has now also been a third reference to the Court arising out of the Frank Investment Income (“FII”) Group Litigation Order (“GLO”). This chapter discusses the judgment of 13 November 2012, with some brief comments, and then explains in outline the new reference.

To begin with some background on the judgment of 13 November 2012: the first FII GLO case (Case C-446/04) led to a judgment of 12 November 2006. There were nine questions posed to the Court in that case, the first one relating to the equivalence of the credit and exemption methods for relief from international double taxation. On this point, the Court said as follows:

“48

Thus, Community law does not, in principle, prohibit a Member State from avoiding the imposition of a series of charges to tax on dividends received by a resident company by...