AG: Most-favoured nation treatment and Community preference do not require extension of the tax sparing credit under tax treaties with Brazil and Greece to third countries

On 5 June 2007, the Advocate General (AG Wattel) of the Netherlands Supreme Court delivered his opinion in three cases concerning the extension of the tax sparing credits under the tax treaties with Brazil and Greece to third countries pursuant to the most-favoured nation principle and the Community preference.

(a) Facts. In Case 43.507, the taxpayer was the parent company of a group of companies (fiscal unity). The subsidiaries of the group held participation…