Once again EU issues dominate the headlines. The Court of Appeal has published its decision in the latest instalment of the long running Marks & Spencer cross-border group relief case. The ECJ has agreed with the AG in the important Commission v Portugal case on the taxation of outbound dividend payments to foreign pension funds. The ECJ decision in the Commission v Germany case considers the German rules on portfolio dividend distributions to corporate shareholders. The OECD has published for comment preliminary proposals for additions and changes to the commentary on Article 5 of the Model Tax Convention (the definition of ‘Permanent Establishment’).
