The Monaco Court of Appeal ruled for the first time on December 22nd, 2017 on the regime, the nature and the limits of the control operated by the Monegasque jurisdiction in the context of a dispute concerning an exchange of information on request.
On behalf of one of its clients, CMS Pasquier Ciulla & Marquet challenged, in front of the Monegasque jurisdictions, the validity of the injunction issued to the said client to communicate information. Such injunction was based on a bilateral Agreement on Exchange of Information on Tax Matter and resulted from a request sent by a foreign State to Monaco.
The Court of Appeal has just ruled on the nature, scope and limits of Monegasque jurisdictional review.
In the case thereof, the Monegasque jurisdiction considered that it did not have to verify that the requesting State had the right to tax the concerned person.
