The General Anti-Abuse Rule of the Parent-Subsidiary Directive

With the adoption of a new general anti-abuse rule in the EU Parent-Subsidiary Directive (2011/96), the EU legislator has reinforced the position of EU Member States in countering abusive practices. This is the second amendment in a short period, which follows the adoption of the “anti-hybrid” provision. In this article, the authors discuss the new general anti-abuse rule and its interplay with other (domestic and treaty-based) anti-abuse rules.