Anton van Zantbeek (Freedom of establishment - Judgment) French Text [2020] EUECJ C-725/18 (30 January 2020)

Anton van Zantbeek (Freedom of establishment - Judgment) French Text [2020] EUECJ C-725/18 (30 January 2020)

The Belgian law constitutes a restriction on the freedom to provide services by imposing additional obligations on residents using non-resident intermediaries, but this restriction is justified by the need to ensure effective tax collection and prevent tax evasion, and does not go beyond what is necessary, as the...

Source-derived case information.

Citation
[2020] EUECJ C-725/18
Parties
Applicant: Anton van Zantbeek VOF; Respondent: Ministerraad (Conseil des ministres, Belgique)
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Judgment
Outcome
Reference answered; national law not contrary to EU law under specified conditions.
Legal Topics
Freedom of Establishment, Free Movement of Services, Taxation of Securities Transactions, Discrimination Based on Establishment, Justification of Restrictions
European Union Law Tax Law Freedom of Establishment Free Movement of Services Taxation of Securities Transactions Discrimination Based on Establishment Justification of Restrictions

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Parties

Anton van Zantbeek VOF

Applicant

Ministerraad (Conseil des ministres, Belgique)

Respondent

Procedural Posture

Preliminary Reference / Judgment

  1. 1 Whether Belgian tax rules on stock exchange transactions, imposing obligations on residents using non-resident intermediaries, violate Article 56 TFEU and Article 36 EEA Agreement (freedom to provide services)
  2. 2 Whether such rules violate Article 63 TFEU and Article 40 EEA Agreement (free movement of capital)
  3. 3 Whether any restriction is justified by overriding reasons of public interest

Ratio Decidendi

The Belgian law constitutes a restriction on the freedom to provide services by imposing additional obligations on residents using non-resident intermediaries, but this restriction is justified by the need to ensure effective tax collection and prevent tax evasion, and does not go beyond what is necessary, as the law provides sufficient facilitation for compliance.

Court Disposition

Reference answered; national law not contrary to EU law under specified conditions.

Orders

  • Article 56 TFEU and Article 36 EEA Agreement do not preclude national rules imposing a tax on stock exchange transactions executed by non-resident intermediaries for residents, provided the rules offer sufficient facilitation to limit the restriction to what is necessary for legitimate objectives.