Triangular cases, tax treaties and EC law : the Saint-Gobain decision of the ECJ

Journal
Author
Martín Jiménez, A.J.; García Prats, A.; Calderón Carrero, J.M.
Country
European Union
Published Date
Issue
Bulletin for International Taxation 2001 (Volume 55), No. 6
FormatPDF
EUR
45
| USD
50 (VAT excl.)

This article studies the effect of the ECJ's decision in Saint-Gobain on international tax law and the OECD Model Convention. It first considers how the OECD Model deals with cases like Saint-Gobain, then comments on the effect of Saint-Gobain on the tax systems of the EU Member States. Finally, the article expresses the authors' view on how Saint-Gobain may represent a major force of change in the principles of international tax law and how the decision will contribute to the harmonization of direct taxation in the EU.