X Holding: Why Ulysses Should Stop Listening to the Siren

Journal
Thiel, S. van; Vascega, M.
European Union
European Taxation 2010 (Volume 50), No. 8
Format/Price
JournalUSD 45

In this article, the authors critically examine the recent X Holding decision of the European Court of Justice, wherein the Court held that a Dutch rule, which allowed a Dutch parent company to form a "single tax entity" with a Dutch subsidiary but not with a foreign subsidiary, constituted discrimination, but was nevertheless justified on the basis of the balanced allocation of tax jurisdiction.