1st Edition

Tax Avoidance in Case Law European Perspectives

Edited By Dominik Jan Gajewski Copyright 2026
272 Pages 5 B/W Illustrations
by Routledge

272 Pages 5 B/W Illustrations
by Routledge

This book elaborates on the issue of tax avoidance in light of the domestic case law of the European Union Member States and the case law of the Court of Justice of the European Union (CJEU). Analysing the most common tax avoidance instruments in European case-law, the book discusses transfer pricing, double taxation treaties, and the anti-avoidance clause. Using eight countries as case... Read more

Introduction

Dominik Jan Gajewski

 

 

1. Tax Avoidance in Light of the Case Law of Administrative Courts

Dominik Jan Gajewski and Adam Olczyk

 

2. Empirical Analysis of Polish Case Law Regarding Tax Avoidance

Dominik Jan Gajewski and Kamil Joński

 

3. Transfer Pricing in the Case Law of Administrative Courts in Poland

Dominik Jan Gajewski

 

4. Analysis of the Case Law of the Polish Administrative Courts Regarding Double Taxation Treaties

Dominik Jan Gajewski

 

5. Anti-Avoidance Rules in the Polish Case Law of the Courts

Adam Olczyk

 

6. The case law of the German courts

Roman Wiatrowski

 

7. Italy - the case law

Roman Wiatrowski

 

8. France – the case law

Roman Wiatrowski

 

9. The Netherlands – the case law

Roman Wiatrowski

 

10. Portugal and Spain – the case law

Roman Wiatrowski

 

11. Sweden – the case law

Roman Wiatrowski

 

12. Court of Justice of the European Union – the case law

Roman Wiatrowski

 

 

 

Conclusion

Dominik Jan Gajewski

Biography

Dominik Jan Gajewski, Professor of Law; Head of Tax Department SGH Warsaw School of Economics, Poland; Head of Centre for Analyses and Studies of Taxation SGH; judge of the Supreme Administrative Court. From 2014 to 2016, he was a member of the Tax Law Advisory Board to the Minister of Finance (Poland). He has served as an expert for the European Commission in developing strategies to combat international tax avoidance and is an expert for Team Europe at the European Commission Representation in Poland. He is the author of more than 230 scientific papers.