In a decision of 5 February 2013, the Administrative Court of Appeal of Paris gave its decision in Nestlé Entreprises v. Minister of Economy and Finances (No. 12PA00469) regarding the use of secret comparables under the transfer pricing regulation, article 57 of the French Tax Code (FTC). Key elements of the decision are summarized below.
(a) Facts. The plaintiff, a French company which was a member of the Nestlé group, transferred the management function of an internal cash pool service…