AllianzGI-Fonds AEVN (Judgment) French Text [2022] EUECJ C-545/19 (17 March 2022)

AllianzGI-Fonds AEVN (Judgment) French Text [2022] EUECJ C-545/19 (17 March 2022)

Article 63 TFEU precludes national legislation that subjects dividends paid by resident companies to non-resident collective investment undertakings to withholding tax, while exempting resident undertakings from such tax, because the situations are objectively comparable and the difference in treatment is not...

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Citation
[2022] EUECJ C-545/19
Parties
Applicant: AllianzGI-Fonds AEVN; Respondent: Autoridade Tributária e Aduaneira
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Final Judgment
Outcome
Article 63 TFEU precludes the Portuguese legislation at issue.
Legal Topics
Free Movement of Capital, Discrimination Based on Residence, Withholding Tax on Dividends, Collective Investment Undertakings, Comparability of Resident and Non Resident Entities
European Union Law Tax Law Free Movement of Capital Discrimination Based on Residence Withholding Tax on Dividends Collective Investment Undertakings Comparability of Resident and Non Resident Entities

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Parties

AllianzGI-Fonds AEVN

Applicant

Autoridade Tributária e Aduaneira

Respondent

Procedural Posture

Preliminary Reference / Final Judgment

  1. 1 Whether Article 63 TFEU precludes national legislation imposing withholding tax on dividends paid to non-resident collective investment undertakings (CIVs) while exempting resident CIVs.
  2. 2 Whether the situations of resident and non-resident CIVs are objectively comparable for tax purposes.
  3. 3 Whether the difference in treatment is justified by overriding reasons of public interest.

Ratio Decidendi

Article 63 TFEU precludes national legislation that subjects dividends paid by resident companies to non-resident collective investment undertakings to withholding tax, while exempting resident undertakings from such tax, because the situations are objectively comparable and the difference in treatment is not justified by overriding reasons of public interest.

Court Disposition

Article 63 TFEU precludes the Portuguese legislation at issue.

Orders

  • Article 63 TFEU must be interpreted as precluding national legislation that imposes withholding tax on dividends paid to non-resident collective investment undertakings while exempting resident undertakings from such tax.