European Union - X Holding: Why Ulysses Should Stop Listening to the Siren
- European Union
- S. van Thiel; M. Vascega
- European Taxation, 2010 (Volume 50), No 8
- 14 July 2010
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.