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International regulatory update 7 - 11 January 2013
- Clifford Chance LLP
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- European Union, France, Global, India, Poland, Singapore, United Kingdom, USA
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- January 14 2013
EMIR: Extension of scrutiny period for Commission Delegated Regulations Basel III: Basel Committee releases revised version of Liquidity Coverage
A round-up of pensions developments: May 2012
- Herbert Smith Freehills LLP
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- European Union, France
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- June 1 2012
The European Court of Justice has given its decision in two linked cases in relation to French withholding tax provisions levied on dividend payments to foreign investment funds in Santander Asset Management SGIIC SA v Directeur des résidents à l'étranger et des services généraux and others (C-33811 to C-34711
CJEU ruling in Santander: withholding tax on dividends distributed to non-resident UCITS infringes EU freedoms
- McDermott Will & Emery
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- European Union, France
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- May 21 2012
On 10 May 2012, the Court of Justice of the European Union (CJEU) issued its judgment in Santander (joined cases C-33811 to C-34711), stating that the French legislation that imposes a withholding tax on French-sourced dividends when they are received by Undertaking for Collective Investments in Transferable Securities (UCITS) that are resident in another Member State, infringes the free movement of capital provided for by Articles 63 and 65 of the treaty on the functioning of the European Union (TFEU
Opportunities for foreign UCITS to introduce claims concerning withholding tax
- Baker & McKenzie
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- European Union, France
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- May 14 2012
On May 10th, 2012, the European Court of Justice (ECJ) handed down an expected decision concerning the issue of the compatibility of the French withholding tax on dividends paid to foreign Undertaking for Collective Investments in Transferable Securities (UCITS) with the principle of freedom of movement of capital
European Court of Justice rules that French withholding tax on portfolio dividends paid to non-French mutual investment funds is contrary to EU law
- Sullivan & Cromwell LLP
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- European Union, France
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- May 11 2012
In a landmark decision rendered on 10 May 2012, the European Court of Justice (the “ECJ”) ruled that EU law must be interpreted as prohibiting French withholding taxes on French-source portfolio dividends paid to non-French investment funds, since such dividends are tax exempt when received by similar French mutual investment funds
ECJ declares French dividend withholding tax on foreign investment funds discriminatory
- Landwell
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- European Union, France
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- May 11 2012
On 10 May 2012, the ECJ (Joined Cases C-33811 to C-34711) ruled that French withholding tax on French source dividends paid to foreign investment funds is not compatible with the EU free movement of capital to the extent French investment funds do not suffer tax
A refund opportunity for foreign UCITs charged withholding tax on dividends distributed by French companies
- Wragge & Co LLP
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- European Union, France
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- April 20 2012
A French UCIT is fully exempted on dividends received from French companies, but foreign UCITs are subject to a withholding tax (WHT) levied at 25 (increased to 30 as of January 1, 2012) or a lower rate that might be provided by the tax treaties
Recent developments for the fourth quarter 2011
- Baker & McKenzie
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- Canada, China, Denmark, European Union, France, Germany, Ireland, Italy, Japan, Netherlands, Switzerland, United Kingdom, USA
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- March 15 2012
The end of the year and beginning of a new year is always a busy time for us, as it is for most of our clients
ECJ hearing on French discrimination against foreign investment
- Landwell
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- European Union, France
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- February 22 2012
On February 16, 2012, hearings took place at the ECJ concerning the compatibility of French withholding tax levied on dividends paid to foreign investment funds with the EU concept of the free movement of capital
International regulatory update 19-23 September 2011
- Clifford Chance LLP
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- European Union, France, Germany, Japan, Libya, Netherlands, Poland, United Kingdom
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- September 28 2011
The Comisión Nacional del Mercado de Valores (National Securities Market Commission) (CNMV) has published an updated set of FAQs in relation to its temporary measure on net short positions
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