On 9 September 2005, the Court of Appeal at 's-Hertogenbosch decided a case on the compatibility of the imposition of withholding tax on dividend distributions by a Netherlands limited liability company (BV) to a Luxembourg minority shareholder (SARL). (a) Facts. The taxpayer is a Luxembourg company (SARL), which owned a 2.25% shareholding in a Netherlands company (BV) that in turn headed a group of holding companies, which was being dissolved. In 2001 and 2003, the SARL received dividend payments from the BV on which a 15% dividend withholding tax was withheld based on Art. 10(2)(b) of the Luxembourg-Netherlands income and...