author_orbitax
Orbitax

Share This Article

CJEU Holds French Prior Approval Restriction on EU Merger Directive Benefits Incompatible with EU Law

16 March 2017

|

Approved Changes

|

European Union-France-Luxembourg

In a judgment issued 8 March 2017, the Court of Justice of the European Union (CJEU) ruled on whether the French requirement for prior approval in order to obtain the benefits under the EU Merger Directive (Directive 90/434/EEC) is compatible with EU Law, and in particular the freedom of establishment provided under Article 49 TFEU. The case involved the Luxembourg Company Euro Park Service (Euro Park), which assumed the rights and obligations of the French company SCI Cairnbulg Nanteuil (Cairnbulg). After Cairnbulg was wound up by and for the benefit of Euro Park, Cairnbulg opted for the deferral of taxation...