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Arbitration of Commercial Disputes: English and International Law and Practice

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Tax Avoidance in Case Law: European Perspectives

Edited by: Dominik Jan Gajewski

ISBN13: 9781041144236
To be Published: July 2026
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £155.00





This book elaborates on the issue of tax avoidance in the light of domestic case-law of the European Union Member States and the case-law of the Court of Justice of the European Union (CJEU).

Analysing the most common tax avoidance instruments in European case-law, the book discusses transfer pricing, double taxation treaties, and the anti-avoidance clause. Using eight countries as case studies, Poland, Spain, Portugal, the Netherlands, Sweden, Germany, France and Italy, the book compares their different approaches to tax avoidance from the perspective of both the tax policy of the state and the strategies used by international holding companies. Additionally, the book analyses the case-law of the CJEU, widening the approach to cover tax avoidance across EU countries. Using both a practical and theoretical methodology, the book looks at the relationship between circumvention of the law, tax optimization, tax avoidance, abuse of law, and tax planning.

The book will be of interest to researchers in the field of tax law, tax avoidance law, financial law and European law.

Subjects:
Taxation
Contents:
Introduction
Dominik Jan Gajewski
1. Tax Avoidance in the Light of the Case Law of Administrative Courts
Dominik Jan Gajewski and Adam Olczyk
2. Empirical Analysis of Polish Case Law as Regards Tax Avoidance
Dominik Jan Gajewski and Kamil Joński
3. Transfer Pricing in the Case Law of Administrative Courts in Poland
Dominik Jan Gajewski
4. Analysis of the Case Law of the Polish Administrative Courts Regarding Double Taxation Treaties
Dominik Jan Gajewski
5. Anti-Avoidance Rules in the Polish Case Law of the Courts
Adam Olczyk
6. The case law of the German courts
Roman Wiatrowski
7. Italy - the case law
Roman Wiatrowski
8. France – the case law
Roman Wiatrowski
9. The Netherlands – the case law
Roman Wiatrowski
10. Portugal and Spain – the case law
Roman Wiatrowski
11. Sweden – the case law
Roman Wiatrowski
12. Court of Justice of the European Union (CJEU) – the case law
Roman Wiatrowski
Conclusion
Dominik Jan Gajewski

Series: Routledge Research in Tax Law

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Social Media and Tax Law ISBN 9781032306674
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