The financial crisis has generated a high degree of legislative activity both in the area of substantive and procedural financial regulation and in the area of taxation of the financial sector. This article explores criteria for legislative choice (in particular for the European Union) when a...

Within the framework of the European Treaties, the borderline between the freedom of establishment and the free movement of capital has emerged as a major bone of contention. As capital movements are protected under Art.63 par.1 TFEU also with regard to transactions vis-à-vis third countries,...

In recent years, there is a growing tendency in international taxation to move the right to tax the corporate income of multinational enterprises to the jurisdiction where their customer base is located. One widely discussed proposal applies a sales-only formula to group-wide profits of...

Modern economic writing regards the influence of market forces on legislation to be a major improvement to the quality of rule-making. This holds specifically true in the area of company law and tax law, which shape the framework for business activities like few other fields of law and have lead...

European Law plays a major role in the implementation of the BEPS Action Plan by Member States of the European Union. How does this influence the interpretation of primary and secondary EU law? On the one hand, recent secondary legislation like the Anti-Tax-Avoidance Directives explicitly aims...

The European Court of Justice has confirmed the compatibility of transfer pricing adjustments under the arm's length standard in its “SGI” judgment. In this decision, the ECJ has stated that transfer pricing control is justified as a means to fight “artificial arrangements” while...

Within the European Union, there exists a fundamental tension between the fiscal sovereignty of its Member States, in particular in the field of direct taxation, and the requirements of the Internal Market, which aim at the abolition of any regulatory or fiscal obstacles to cross border movement...

The European Union is in the process to establish “public country-by-country reporting” as a new and wide reaching obligation for multinationals to disclose tax-relevant numbers to a global audience, going beyond the OECD consensus which combined cross-border exchange of reports with...

The paper attempts to outline the concept of anti-abuse doctrine in tax cases developed by the European Court of Justice. In order to identify the underlying theory it focuses on the topic of “choice”, i.e. it examines the relevant cases according to the question of which choices are...

The responsibility for the accuracy and reliability of the annual and consolidated accounts of a company rests with a number of institutions such as the company's board, audit committees and the different types of standard setters. In recent years, also capital market authorities and their...