Discrimination is not justified with investment funds

June 30 2012

In May the European Court of Justice (ECJ) found that French tax legislation is contrary to EU law when it taxes nationally-sourced dividends paid to certain investment funds which are resident in another state. Nadine Gelli, Eduardo Gracia and Manuel Paz of Ashurst explain why this break-through decision opens the door to a significant number of claims for full refunds to be filed by both EU and non-EU investment funds in France and all across Europe.

Unlock this content.

The content you are trying to view is exclusive to our subscribers.

To unlock this content:

Take a Free Trial or Login

Topics

more across site & shared bottom lb ros

More from across our site

Indirect Tax

‘Refunds likely to be a mess’: US Supreme Court strikes down Trump’s tariffs

The levies extended beyond the president’s ‘legitimate reach’, the Supreme Court ruled

Sam Sholli, February 20 2026

Direct Tax

Aerial view of Christ and Botafogo Bay from high angle.

A taxing week: Despite major tax reform, Brazil’s hiring slowdown should come as no surprise

While Brazil’s consumption tax overhaul led to a short-term spike in tax advisory demand, we are now in a period of ‘normalisation’ marked by decreased recruitment

Sam Sholli, February 20 2026

Direct Tax

This week in tax: BDO UK and BDO Ireland rubber-stamp $1.5bn merger

The expanded firm will comprise roughly 8,500 employees, including 550 partners; in other news, Paul Hastings and Macfarlanes made senior tax hires

Sam Sholli, February 20 2026

Transfer Pricing

Advisers clash over Venezuela’s TP evolution in post-Maduro world

Meanwhile, one expert highlights the importance of separating Venezuela’s tax authority from direct political control after ‘lost decades and isolation’

Sam Sholli, February 19 2026

Direct Tax

Beyond compliance theatre: Indonesia’s new era of tax transparency

With PMK 108, Indonesia has upgraded its tax transparency regime for the digital era, focusing on data quality, governance, and cross border exchange rather than expanding regulatory reach

Gitarani Prastuti , February 18 2026

Direct Tax

Why one tax firm is happy for associates to leave

In a popular LinkedIn post, Jeremie Beitel encouraged firms to invest in junior talent even if it doesn’t lead to their loyalty, though recruiters offered ITR a mixed assessment

Tom Baker, February 18 2026

Direct Tax

HMRC issues new guidance for online tax adviser registration system

Advisers who do not register for the new regime in time could be prevented from interacting with HMRC, the tax authority said

Sam Sholli, February 17 2026

Direct Tax

Pillar two not hollowed out by side-by-side deal: US tax leader

Valid pillar two objectives are still intact after the side-by-side agreement, but whether the framework is now settled is ‘a $64,000 question’, Morrison Foerster’s tax chair told ITR

Sam Sholli, February 16 2026

Direct Tax

Baker Tilly International appoints new global head of tax

Ian Halligan previously led Baker Tilly’s international tax services in the US

Sam Sholli, February 16 2026

Direct Tax

What Corporates Want 2025 840x473 article header (1).png

A taxing week: DEI was slipping down the US agenda with or without Trump

Exclusive ITR data emphasises that DEI does not affect in-house buying decisions – and it’s nothing to do with the US president

Tom Baker, February 13 2026