Tuesday, 29 November 2011

Trafigura’s Appeal: Jurisdiction Confusion

 

One line which Trafigura has taken in its defence is very simple: so simple in fact that I think it deserves to be known more widely.  [For background info on the case see here and here]

Apparently, Trafigura assert that the Dutch courts have no jurisdiction because Trafigura is not a Dutch company because her HQ is only based in the Netherlands as a PO box.  Her real operational decisions are taken in the UK and Switzerland.

 

If true, Trafigura’s line is:

 

We have our headquarters in Holland as a PO box only and are not subject to Dutch laws.

We have our headquarters in Holland as a PO box only and are subject to Dutch tax laws.

 

An interesting concept!

Can we use this argument to get Trafigura to pay more UK tax?

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