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IFA 2011 Congress highlight | EU Law


New challenges for European Businesses

National economies are becoming more and more integrated with the ever-increasing cross-border flow of trade and investment. Conducting activities in other countries therefore requires an understanding of the laws and practices of those countries including knowledge of complex tax regimes.

Businesses that operate in the EU also need to take account of EU law and be aware that EU law developments can provide opportunities to reduce the burden of taxation. Over the years we have seen cases that challenge the legality of national tax law and practices in many of the fundamental areas of the taxation of cross border transactions including dividends, thin capitalization, capital gains exit charges, group relief regimes, withholding taxes and CFC rules. EU law in this area continues to evolve as the body of case law of the ECJ continues to expand.

How we can help you

Our CMS team can help you to defend your interests in cases that can be brought before a national judge or directly before EC Courts in Luxembourg when a Community act is directly at stake (e.g. in certain competition cases). Even in cases before national judges, questions on the interpretation or the validity of a European rule may be raised.

Our team is composed of experienced lawyers who have in-depth knowledge and practice of both the rules applicable to this specific field of litigation and of the judges themselves. It also includes includes Melchior Wathelet, former judge of the European Court of Justice, as well as renowned academics such as, inter alia, Daniel Gutmann, Professor at the Sorbonne Law School and Alfredo Garcia Prats, Professor at the University of Valencia.


Carlo Romano – CMS Tax EU law Group coordinator
T +39 06 47815305
E [email protected]


If your organisation has to deal with national and international tax issues on a daily basis, against an increasingly complex legal background, contact us. To help you to tackle these complexities, our organisation has over 350 lawyers who offer comprehensive tax planning and advice services across Europe. We also have tax specialists Africa (more specifically in Maghreb), the Americas and Asia.

For specific requests concerning EU matters related to tax law, do not hesitate to contact Carlo Romano, our CMS Tax EU law Group coordinator or your usual CMS contact should you wish to discuss any new challenges your business is facing.

After the crisis, a new tax landscape
European Union: Common Consolidated Corporate Tax Base
Tax treatment of UCITs referred to the European Court of Justice