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CJEU Advocate General Finds that French Group Tax Rule Violates Freedom of Establishment in Recent Opinion

16 June 2015

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Approved Changes

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France-European Union

On 11 June 2015, an opinion of Advocate General (AG) Kokott on whether certain French group tax rules violate freedom of establishment was published on the site of the Court of Justice of the European Union (CJEU). The opinion is in regard to a case being dealt with by the Versailles Administrative Court of Appeal concerning a French company seeking to deduct a 5% proportion for costs and expenses that would be allowed for dividends from a French subsidiary but not from a non-resident subsidiary. The question referred to the CJEU by the French Court was essentially whether the freedom...