ECJ-Recent Developments in Direct Taxation

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A growing number of cases pending before trhe European Court of Justice (ECJ) concern the fundamental freedoms and direct taxation. This book scrutinises the national background of the most important of these cases and examines possible infringements of fundamental freedoms. The focus of each analysis is on the questions submitted to the ECJ by the national courts. Moreover, where available, the opinion of the Advocate General is discussed. The cases are presented by esteemed national and European tax law experts. This book goes to the heart of the national tax systems, exposing hidden obstacles to fundamental freedoms.

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Table of Contents

Pending cases filed by Austrian courts : the Holbock case 9
Pending cases filed by Belgian courts : the Kerckhaert-Morres case
Pending cases involving Belgium : the Belgian coordination
Centres cases, Commission v Belgium, Commission v Belgium
Pending cases filed by French courts : the Denkavit case 29
Pending cases involving Denmark : Commission v Denmark 73
Pending cases filed by Finnish courts : the Turpeinen case and the Esab case 87
Pending cases filed by German courts I : the Meilicke, CLT-UFA, Keller Holding, Lasertec, Rewe Zentralfinanz, Ritter-Coulais, Kolumbus Container Services, and Stauffer Cases 113
Pending cases filed by German courts II : the Scorpio, Centro Equestre, Conijn, Schwarz, and Meindl cases
Pending cases involving Germany : Commission v Germany 175
Pending cases filed by Italian courts : the Banca Popolare di Cremona case 203
Pending cases filed by Dutch courts I : the Van Dijk and Bujura cases 219
Pending cases filed by Dutch courts II : the Van Hilten-van der Heijden case
Pending cases before Dutch courts : "Bosal holding" with third countries 261
Pending cases involving Spain : Commission v Spain 277
Pending cases filed by Swedish courts : the Skatteverket v A, Skatteverket v A and B, and Bouanich cases 297
Pending cases filed by UK courts I : the Cadbury Schweppes case, the CFC and Dividend GLO, and the Vodafone 2 case 311
Pending cases filed by UK courts II : the ACT, FII, and thin cap group litigations, and the Marks & Spencer case 323
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