Building on earlier cases on fixed establishment (FE) the CJEU has decided in the case of Berlin Chemie A Menarini Sarl (C-333/20) that Berlin Chemie (BC) a German company does not have a FE in Romania. Although BC has permanent access to human and technical resources in Romania that are owned by its local subsidiary Berlin Chemie A Menarini (BCAM) the CJEU did not think BC could dispose of those resources as though they were its own; so while third party owned resources can create a FE for the user these ones did not. Also the CJEU was clear that the same resources cannot at the same time be used by BCAM to provide services to BC and also create a FE for BC. As it would appear from the documents submitted to the CJEU that they...
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Building on earlier cases on fixed establishment (FE) the CJEU has decided in the case of Berlin Chemie A Menarini Sarl (C-333/20) that Berlin Chemie (BC) a German company does not have a FE in Romania. Although BC has permanent access to human and technical resources in Romania that are owned by its local subsidiary Berlin Chemie A Menarini (BCAM) the CJEU did not think BC could dispose of those resources as though they were its own; so while third party owned resources can create a FE for the user these ones did not. Also the CJEU was clear that the same resources cannot at the same time be used by BCAM to provide services to BC and also create a FE for BC. As it would appear from the documents submitted to the CJEU that they...
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