76495 - European Principles of Tax Law

Academic Year 2015/2016

  • Docente: Adriano Di Pietro
  • Credits: 3
  • SSD: IUS/12
  • Language: Italian
  • Teaching Mode: In-person learning (entirely or partially)
  • Campus: Bologna
  • Corso: Single cycle degree programme (LMCU) in Law (cod. 0659)

Learning outcomes

Lectures will focus on a deep analysis of EU tax law, by analysing its principles, as interpretative criteria applied by the EU Court of Justice.

Course contents

The principles of the EU legal system and their application within national tax systems.

Neutrality: harmonized taxes and and VAT, income taxes and restructuring operations.

Proportionality within harmonized taxation: deduction and reimbursement, sanctions; proportionality within non-harmonized taxation: anti-abuse cluses.

Non-duscrimination within cross-border taxation: transfer of tax residence, Controlled Foreign Companies, permenent establishment.

Double taxation: juridical double taxation and its effects on the tax treaties; economic double taxation and taxation of dividends.

Readings/Bibliography

ADRIANO DI PIETRO E THOMAS TASSANI (a cura di), I principi europei del diritto tributario, CEDAM, 2013.

 Further material, mainly case law, will be available on line at: http://campus.cib.unibo.it

Teaching methods

Lectures will take place every week in October, November and December.

Given the characteristics of the lectures, which will involve the students in the comments to the case law of the Court of Justice, it is higly recommended that students will attend them.

Assessment methods

The final exam will be oral.

Teaching tools

Study groups will be organized and specifically dedicated to the examination of the EU Court of Justice case law.

Office hours

See the website of Adriano Di Pietro