1. For the purposes of applying this Directive:

(a) the status of parent company shall be attributed:

(i) at least to a company of a Member State which fulfils the conditions set out in Article 2 and has a minimum holding of 10 % in the capital of a company of another Member State fulfilling the same conditions;

(ii) under the same conditions, to a company of a Member State which has a minimum holding of 10 % in the capital of a company of the same Member State, held in whole or in part by a permanent establishment of the former company situated in another Member State;

(b) "subsidiary" means that company the capital of which includes the holding referred to in point (a).

2. By way of derogation from paragraph 1, Member States shall have the option of:

(a) replacing, by means of bilateral agreement, the criterion of a holding in the capital by that of a holding of voting rights;

(b) not applying this Directive to companies of that Member State, which do not maintain for an uninterrupted period of at least 2 years holdings qualifying them as parent companies, or to those of their companies in which a company of another Member State does not maintain such a holding for an uninterrupted period of at least 2 years.