The Merger Directive 2009/133/EC ; a limited help to the cross-border mobility?
(2020) HARN60 20201Department of Business Law
- Abstract
- A company willing to move abroad go through different set of rules starting with article 54 of the TFEU that consecrated the Freedom of Establishment. Even though some steps have been made, depending on which theory is used by the Member State, some fiscal impediments can arise in case of cross-border operations. Member States can be tempted to levy exit tax when the company leaves their territory. The established case law of the Court of Justice authorised the levy of exit tax if it doesn’t go beyond the objective of the legislation. Furthermore, the ATAD which is a reflection of the case law of the ECJ, left the operations covered by the Merger Directive out of its scope in its recital 10. As the ECJ case law can be transposed to the... (More)
- A company willing to move abroad go through different set of rules starting with article 54 of the TFEU that consecrated the Freedom of Establishment. Even though some steps have been made, depending on which theory is used by the Member State, some fiscal impediments can arise in case of cross-border operations. Member States can be tempted to levy exit tax when the company leaves their territory. The established case law of the Court of Justice authorised the levy of exit tax if it doesn’t go beyond the objective of the legislation. Furthermore, the ATAD which is a reflection of the case law of the ECJ, left the operations covered by the Merger Directive out of its scope in its recital 10. As the ECJ case law can be transposed to the merger operations, there might be a contradiction. The exit taxes persist and diminish the free movement of companies, some kind of help could have been found in the Merger Directive that was put into place to remove the fiscal obstacles of cross-border mergers. However; the Merger Directive does not work perfectly well, and has shortcomings leaving the fiscal impediments to persist in case of cross-border operations. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9011817
- author
- Eyer, Mégane LU
- supervisor
- organization
- course
- HARN60 20201
- year
- 2020
- type
- H1 - Master's Degree (One Year)
- subject
- keywords
- Merger Directive 2009/133/EC, mergers, cross-border mobility, neutrality
- language
- English
- id
- 9011817
- date added to LUP
- 2020-06-22 13:07:14
- date last changed
- 2020-06-22 13:07:14
@misc{9011817,
abstract = {{A company willing to move abroad go through different set of rules starting with article 54 of the TFEU that consecrated the Freedom of Establishment. Even though some steps have been made, depending on which theory is used by the Member State, some fiscal impediments can arise in case of cross-border operations. Member States can be tempted to levy exit tax when the company leaves their territory. The established case law of the Court of Justice authorised the levy of exit tax if it doesn’t go beyond the objective of the legislation. Furthermore, the ATAD which is a reflection of the case law of the ECJ, left the operations covered by the Merger Directive out of its scope in its recital 10. As the ECJ case law can be transposed to the merger operations, there might be a contradiction. The exit taxes persist and diminish the free movement of companies, some kind of help could have been found in the Merger Directive that was put into place to remove the fiscal obstacles of cross-border mergers. However; the Merger Directive does not work perfectly well, and has shortcomings leaving the fiscal impediments to persist in case of cross-border operations.}},
author = {{Eyer, Mégane}},
language = {{eng}},
note = {{Student Paper}},
title = {{The Merger Directive 2009/133/EC ; a limited help to the cross-border mobility?}},
year = {{2020}},
}