Accor (Free movement of capital) French Text [2010] EUECJ C-310/09 (22 December 2010)

Accor (Free movement of capital) French Text [2010] EUECJ C-310/09 (22 December 2010)

The French tax regime, which allowed a parent company to offset the précompte mobilier with a tax credit only for dividends from domestic subsidiaries, but not for those from subsidiaries in other EU Member States, constituted a restriction on the free movement of capital under Article 56 EC. Such a restriction was...

Source-derived case information.

Citation
[2010] EUECJ C-310/09
Parties
Applicant: Ministre du Budget, des Comptes publics et de la Fonction publique; Respondent: Accor
Jurisdiction
European Union
Procedural Posture
Preliminary Reference (renvoi Préjudiciel) / Opinion of Advocate General Before CJEU Judgment
Outcome
Opinion that the French regime is incompatible with Article 56 EC; restitution of précompte mobilier is due subject to limits to prevent unjust enrichment; procedural requirements for proof must not breach equivalence or effectiveness.
Legal Topics
Free Movement of Capital, Freedom of Establishment, Taxation of Dividends, Restitution of Taxes, Principles of Equivalence and Effectiveness, Enrichment Without Cause
European Union Law Tax Law Free Movement of Capital Freedom of Establishment Taxation of Dividends Restitution of Taxes Principles of Equivalence and Effectiveness Enrichment Without Cause

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Parties

Ministre du Budget, des Comptes publics et de la Fonction publique

Applicant

Accor

Respondent

Procedural Posture

Preliminary Reference (renvoi Préjudiciel) / Opinion of Advocate General Before CJEU Judgment

  1. 1 Whether French tax rules on dividend redistribution infringe Articles 43 and 56 EC (freedom of establishment and free movement of capital) by treating dividends from domestic and other EU subsidiaries differently
  2. 2 Whether the refusal to refund the 'précompte mobilier' constitutes unjust enrichment for the parent company
  3. 3 Whether the principles of equivalence and effectiveness are breached by requiring proof of foreign subsidiary taxation for refunds

Ratio Decidendi

The French tax regime, which allowed a parent company to offset the précompte mobilier with a tax credit only for dividends from domestic subsidiaries, but not for those from subsidiaries in other EU Member States, constituted a restriction on the free movement of capital under Article 56 EC. Such a restriction was not justified. The right to restitution of taxes levied in breach of EU law may be limited only to the extent necessary to avoid unjust enrichment, but the burden of proof for such enrichment lies with the tax authorities. Procedural requirements for restitution must comply with the principles of equivalence and effectiveness; excessive or discriminatory evidentiary burdens are...

Court Disposition

Opinion that the French regime is incompatible with Article 56 EC; restitution of précompte mobilier is due subject to limits to prevent unjust enrichment; procedural requirements for proof must not breach equivalence or effectiveness.