Leur-Bloem v Inspecteur der Belastingdienst/Ondernemingen Amsterdam 2

Subject Matter

COMPANY — Shares — Taxation — Deferment of tax on merger by exchange of shares — Refusal of tax benefit where avoidance of tax principal objective — Determination of whether relevant exchange of shares and whether presumption of tax avoidance applying — Council Directive (90/434/EEC), arts 2(d), 11(1)(a)

[1998] QB 182; [1998] 2 WLR 27

EUROPEAN COURT OF JUSTICE — Reference to — Jurisdiction — Community Directive relating to merger of companies from different member states — Member state enacting legislation to apply principles of Directive to domestic transactions — Question on interpretation arising in domestic context — Whether jurisdiction to give preliminary ruling on interpretation of Directive — EC Treaty, art 177

[1998] QB 182; [1998] 2 WLR 27

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