Non-discrimination Clauses: Another French Exception (International Business Law Journal/Revue de Droit des Affaires Internationales)

December 2009

In the December 2009 issue of the bilingual law review International Business Law Journal/Revue de Droit des Affaires Internationales, Mr. de Boynes, Mr. Message and Mr. Bachellerie published an article titled, "Non-discrimination Clauses: Another French Exception." The article discussed French case law on non-discrimination clauses included in tax treaties. According to recent court decisions, non-discrimination clauses may forbid withholding tax on dividends paid to non-French entities in cases where such entities would have been tax exempt in France had they been established in France (such as pension funds or a parent company).