National Grid Indus: The First Case on Companies’ Exit Taxation

Abstract

The article examines the contribution of a much anticipated judgment, the National Grid Indus, in the free movement of companies in the European Union. This reference for a preliminary ruling constitutes a remarkable decision of the Grand Chamber of the CJEU, as it can be easily deduced by the number of the intervening Member States. Its significance relies on the fact that it constitutes the first case, decided by the CJEU, on the compatibility of companies' exit taxes with freedom of establishment. It also provides the Court with an opportunity to revisit its Daily Mail and Cartesio case law. The article researches the impact of the judgment on companies' exit taxation, while it also analyses the case in the context of previous case law both on exit taxation on natural persons and companies' freedom of emigration.