European Court of Justice: Dutch fiscal unity regulations constitute restrictions of the freedom of establishment

On 12 June 2014, the European Court of Justice (“ECJ”) held that unjustified restrictions of the freedom of establishment occur, in cases where the Dutch corporate income tax regulations preclude consolidated tax treatment (fiscal unity) because (a) the shares in resident sister companies are held by a common parent company being resident in another Member State and  not having a permanent establishment in the Netherlands, or (b) an indirect subsidiary is held via one or more foreign companies. Read more in the below attachment.