Chapter 6: Conclusions
The ‘supranational solution’ to the legal competition in corporate taxation and company laws might meet some criticism. Nevertheless, in the light of the arguments already developed and in the context of the EC legal order, this criticism may be answered by arguments underlining the reasons for taking such a supranational solution into consideration as a possible pattern for future developments in the two areas of EC company law and EC company taxation, in further academic research and in discussions at the level of political decision-makers. 6.1 AN INSTITUTIONAL VIEW FROM THE PERSPECTIVE OF MEMBER STATES: ANY PROBLEM FOR THE ‘SUPRANATIONAL SOLUTION’ TO THE LEGAL COMPETITION IN CORPORATE TAXATION AND COMPANY LAWS? It was submitted, before the entry into force of the ECS, that different tax treatments between the SE and national public limited companies would lead to distortions and discriminations, not least from the perspective of EC and national constitutional laws,1 and an independent study contracted out by the Commission on potential competition and discrimination issues relating to a pilot HST or CCBT scheme2 targeted on the SE adopted this line of reasoning. According to this study, which described pilot HST or CCBT schemes as ‘special tax regimes’, tax savings brought about by any of these schemes to the benefit of the SE would risk creating an advantage within the meaning of the EC state aid rules, which aid could not be justified if it resulted in an infringement of the principles of equal treatment and/or non-discrimination, and there...
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