JURISPRUDENȚA ISTORICĂ A CURȚII DE JUSTIȚIE A UNIUNII EUROPENE C-264/96 Imperial Chemical Industries (ICI)
HISTORICAL JURISPRUDENCE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION C-264/96 Imperial Chemical Industries (ICI)
Author(s): Laura LazărSubject(s): Law, Constitution, Jurisprudence, Law on Economics, EU-Legislation, Court case, Administrative Law
Published by: Editura Hamangiu S.R.L.
Keywords: tax exemptions; multinational companies; subsidiaries; UK tax legislation; EU law; discriminatory tax treatment;
Summary/Abstract: The Imperial Chemical Industries plc. (ICI) vs. Kenneth Hall Colmer (1998) case‑law addresses the issue of limiting tax exemptions for multinational companies based on the location of their subsidiaries. ICI challenged UK tax legislation that refused to allow the deduction of a subsidiary’s losses from the company’s profits if the majority of subsidiaries were not based in the United Kingdom, considering it a restriction on the freedom of establishment, guaranteed by Articles 52 and 58 of the EC Treaty (now Articles 49 and 54 TFEU). The ECJ ruled that national legislation imposing such conditions is contrary to EU law, emphasizing that member states must respect the freedom of establishment and not impose discriminatory tax treatment based on the location of the corporate headquarters.
Journal: Cluj Tax Forum
- Issue Year: VII/2024
- Issue No: 1
- Page Range: 78-82
- Page Count: 5
- Language: Romanian
- Content File-PDF
