Landmark Decision in the Case

Chris Morgan Partner and Head of KPMG's EU Tax Group and Michael Bird Director in KPMG's International Corporate Tax Group analyse the decision of the European Court of Justice in the Cadbury Schweppes case

On 12 September the European Court of Justice (ECJ) issued its decision in the Cadbury Schweppes case finding that the UK's controlled foreign companies (CFC) rules restrict the freedom of establishment and are only justified to the extent that they are applied to counter 'wholly artificial arrangements'. The decision which broadly follows the earlier Advocate General's Opinion is hugely important for UK groups not only for claims made in respect of prior periods but also for structuring going forward. A more detailed discussion of the ECJ decision and its implications...