Marcel Ciocîrlan

Home » Company law » Discrimination on the basis where the corporate seat is located

Discrimination on the basis where the corporate seat is located

In the judgement given on 1 April, 2014, in Case C-80/12 (Felixstowe Dock and others v The Commissioners for Her Majesty’s Revenue & Customs), the Court of Justice of the European Union held that the companies seated within the Member States must be equally treated, and, as a consequence, when the relevant national laws prescribe as such, the losses sustained by a member of a group can be transferred to a member of a consortium where there is a `link company` between the group and the consortium, irrespective of where the concerned companies are resident in the EU.

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