Re A Ltd

European Union – Freedom of establishment. The first subparagraph of art 157(1) of Directive (EC) 2009/138, as amended by Directive (EU) 2013/58, read in conjunction with art 13(13) of Directive 2009/138, should be interpreted as meaning that, when an insurance company established in a member state offered insurance covering the contractual risks associated with the value of the shares and the fairness of the purchase price paid by the buyer in the acquisition of an undertaking, an insurance contract concluded in that context was subject exclusively to the indirect taxes and parafiscal charges on insurance premiums in the member state where the policyholder was established. The Court of Justice of the European Union so held in proceedings brought by an insurance company regarding a request for a tax ruling which it had made to the Central Tax Board, Finland, relating to determining which member state had power to impose tax on insurance premiums.

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