Juan Manuel Vázquez, Daan Both, Liselot Bakker, Kevin Duin, Svitlana Buriak, Gino Sparidis, Bram Middelburg, Emma van Doornik, Bruce van Schaik, Gijs Groenewoud
EU Council adopts DAC9 to facilitate the filing and exchange of Pillar Two-related information in the EU
On 14 April 2025, the Economic and Financial Affairs Council (ECOFIN) formally adopted the proposed amendment to the Directive on Administrative Cooperation to facilitate the filing and exchange of Pillar Two-related information in the EU (DAC9).
CJ judgment on the application of the GAAR under the PSD to national participation exemptions
(Nordcurrent group, C-228/24)
On 3 April 2025, the CJ delivered its judgment in the case Nordcurrent Group (C-228/24), which deals with the question of whether national participation exemptions can be denied under the General Anti-Avoidance Rule of Article 1(2) and (3) of the Parent- Subsidiary Directive (GAAR PSD), in the case of abuse.
CJ judgment on whether the denial of tax refunds to non-resident investment funds is compatible with the free movement of capital
(Austria v. Franklin Mutual Series Funds –Franklin Mutual European Fund, C-602/23)
On 30 April 2025, the CJ delivered its judgment in the case Austria v. Franklin Mutual Series Funds – Franklin Mutual European Fund, (C-602/23). The case deals with the question of whether the denial of tax refunds to non-resident investment funds that are comparable to EU-regulated funds is compatible with the free movement of capital.
CJ judgment on the circumstances in which tax exemptions may be prohibited by EU law
(Prezydent Miasta Mielca, C-453/23)
On 29 April 2025, the CJ delivered its judgment in the case Prezydent Miasta Mielca (C-453/23) where it specified the circumstances in which tax exemptions may be prohibited by State Aid rules under EU law.
CJ rules that Maltese investor citizenship scheme is contrary to EU law
(Commission v Malta, C-181/23)
On 29 April 2025, the CJ delivered its judgment in the case Commission v Malta (C-181/23), which deals with the question of whether the Maltese investor citizenship scheme is in line with EU law. The Court found the Maltese investor citizenship scheme to constitute a breach of the principle of sincere cooperation under EU law, based on the understanding that the acquisition of Union citizenship cannot result from a commercial transaction.
AG de la Tour’s Opinion regarding VAT treatment of transfer pricing adjustments for intra-group services
(Arcomet Towercranes, C 726/23)
On 3 April 2025, the Opinion of AG de la Tour was published in the case Arcomet Towercranes (C‑726/23), which deals with the question of whether transfer pricing (TP) adjustments contractually agreed within the framework of intercompany services can be within the scope of VAT as a consideration for a supply of services.
