Commission v Germany (Freedom to provide services) French Text [2006] EUECJ C-318/05 (21 September 2006)

Commission v Germany (Freedom to provide services) French Text [2006] EUECJ C-318/05 (21 September 2006)

Limiting the deductibility of tuition fees to those paid to national private institutions constitutes a restriction on the freedom to provide services and establishment, which is not justified by the reasons advanced by the respondent.

Source-derived case information.

Citation
[2006] EUECJ C-318/05
Parties
Applicant: Commission des Communautés européennes; Respondent: Republique fédérale d'Allemagne
Jurisdiction
European Union
Procedural Posture
Infringement Proceedings / Opinion of Advocate General
Outcome
Opinion delivered; final judgment pending
Legal Topics
Freedom to Provide Services, Freedom of Establishment, Income Tax, Deductibility of Tuition Fees, National Treatment, Education Policy
European Union Law Tax Law Education Law Freedom to Provide Services Freedom of Establishment Income Tax Deductibility of Tuition Fees National Treatment +1 more

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Parties

Commission des Communautés européennes

Applicant

Republique fédérale d'Allemagne

Respondent

Procedural Posture

Infringement Proceedings / Opinion of Advocate General

  1. 1 Whether limiting the right to deduct tuition fees to those incurred at national private institutions violates EU law on freedom to provide services and establishment

Ratio Decidendi

Limiting the deductibility of tuition fees to those paid to national private institutions constitutes a restriction on the freedom to provide services and establishment, which is not justified by the reasons advanced by the respondent.

Court Disposition

Opinion delivered; final judgment pending