G.A.A.R. or S.A.A.R.? Effect of the Nordcurrent Decision in Belgium, the Netherlands, and Luxembourg

Volume 12 No 5    /    Read Article

By Werner Heyvaert, Jan-willem Beijk, Anton Akimov, Yannick Vandenplas, Maria-Clara Vassil, and Sanja Vasic (Guest Authors)

Earlier this year, the C.J.E.U. issued its anticipated judgment in the Nordcurrent case (C-228/24). The judgment concerns the extension of the anti-abuse rule in the E.U. Parent-Subsidiary Directive (“‘P.S.D.”) to national participation exemption mechanisms. The ruling has significant implications and resonance in Belgium and the Netherlands, less so in Luxembourg, In their article (1) Werner Heyvaert, a Partner, and Yannick Vandenplas, an Associate, in the Brussels office of AKD Benelux Lawyers, (2), Jan-Willem Beijk and Anton Akimov, Partners in the Netherlands practice of AKD Benelux Lawyers, and (3) Maria-Clara Vassil, a Senior Associate, and Sanja Vasic, an Associate in the Luxembourg office of AKD Benelux Lawyers provide a clear summary and analysis of the case, explore its practical implications in their respective countries, and offer a perspective on its broader impact.  See more →