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Euro Park Services v Ministre des Finances et des Comptes publics

In Euro Park Services v Ministre des Finances et des Comptes publics (Case C-14/16) (8 March 2017) the CJEU found that a French provision was contrary to both the mergers directive (Directive 90/434 on the restructuring of companies of different member states) and TFEU art 49.

Cairnbulg a French company had been wound up for the benefit of its sole shareholder Euro Park (established in another member state). It had deferred capital gains realised on the transfer of assets to Euro Park. The French tax authorities considered that the deferral could not apply as Cairnbulg should have sought ministerial approval which would have been denied as the transfer had been made not for commercial reasons but for tax avoidance purposes.

The CJEU observed that member states are entitled to set out the procedural requirements under Directive 90/434 provided that they are not...

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