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On March 8, 2017 the Court of Justice of the European Union (CJEU) judged in Case C-14/16, Euro Park Service, having assumed the rights and obligations of SCI Cairnbulg Nanteuil versus Ministre des Finances et des Comptes publics (ECLI:EU:C:2017:177).
This request for a preliminary ruling concerns the interpretation of Article 49 TFEU and of Article 11 of Council Directive 90/434/EEC of 23 July 1990 on the common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States.
The request has been made in proceedings between Euro Park Service (‘Euro Park’), which has assumed the rights and obligations of the French company SCI Cairnbulg Nanteuil (‘Cairnbulg’), and the Ministre des Finances et des Comptes publics (Minister for Finance and Public Accounts, France) (‘the tax authority’) concerning the refusal of that authority to acknowledge Cairnbulg’s entitlement to deferral of the taxation of the capital gains relating to that company’s assets at the time of its merger through acquisition by a company established in another Member State, on the ground that the merging companies had not sought the prior approval of the tax authority.
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On March 8, 2017 the text of Memorandum of Understanding between the Ministry of Finance and Economic Affairs in Iceland and the Ministry of Finance in the Netherlands regarding the exchange of information in tax matters (Hereafter: the MoU) was published in the Dutch Staatscourant. The MoU was signed by the Dutch competent authorities on February 7, 2017 and by Icelandic competent authorities on February 13, 2017.
Based on Article 7, Paragraph 1 of the MoU (“Coming into effect. Amendments. Termination”), the MoU entered into force on February 13, 2017. Based on Article 7, Paragraph 2, the MoU will be applicable for the first time to information regarding the calendar year 2016.
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On March 7, 2017 the Court of Justice of the European Union (CJEU) judged in Case C-390/15, Rzecznik Praw Obywatelskich (RPO) (other parties: Marszałek Sejmu Rzeczypospolitej Polskiej and Prokurator Generalny) (ECLI:EU:C:2017:174).
The request for a preliminary ruling concerns the validity of Article 98(2) of, and point 6 of Annex III to, Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, as amended by Council Directive 2009/47/EC of 5 May 2009 (‘Directive 2006/112 as amended’).
The request has been made following the lodging by the Rzecznik Praw Obywatelskich (Commissioner for Civic Rights, Poland) of an application for a ruling that national provisions precluding the application of a reduced rate of value added tax (VAT) to the supply of books and other digital publications electronically do not comply with the Polish constitution.
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On March 7, 2017 the European Parliament’s Committee of inquiry to investigate alleged contraventions and maladministration in the application of Union law in relation to money laundering, tax avoidance and tax evasion (Hereafter: PANA) released ex-post impact assessment analyses of EU-US trade and investment relations which was drafted by Dr Isabelle Ioannides with Simona Guagliardo. On October 12, 2016 the coordinators of the Committee of Inquiry into Money Laundering, Tax Avoidance and Tax Evasion (PANA) decided to send a mission to the USA and more specifically to Washington, DC and to Delaware, from March 20 to 24, 2017. This ex-post impact assessment has been drawn up by the Ex-Post Impact Assessment Unit of the Directorate for Impact Assessment and European Added Value, within the European Parliament’s Directorate-General for Parliamentary Research Services, to provide Members with the necessary background information in support of their meetings in the USA.
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On March 6, 2017 the European Parliament’s Committee of Inquiry into Money Laundering, Tax Avoidance and Tax Evasion (PANA) held the third hearing of a series of three on the role of lawyers, accountants and bankers in the Panama Papers. The European Parliament has now made a replay of the webstream of this meeting available on its website.
Read more: Replay of European Parliament’s PANA meeting of March 6, 2017 is available
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