Societe Generale (Judgment) French Text [2020] EUECJ C-565/18 (30 April 2020)

Societe Generale (Judgment) French Text [2020] EUECJ C-565/18 (30 April 2020)

Article 63 TFEU does not preclude a national tax on financial transactions involving derivatives with underlying securities issued by a resident company, applied regardless of the location or residence of the parties or intermediaries, provided the tax applies identically to residents and non-residents and...

Source-derived case information.

Citation
[2020] EUECJ C-565/18
Parties
Applicant: Société Générale SA; Respondent: Agenzia delle Entrate – Direzione Regionale Lombardia Ufficio Contenzioso; Intervener: Commission européenne
Jurisdiction
European Union
Procedural Posture
Preliminary Ruling / Final Judgment
Outcome
Reference answered; Article 63 TFEU does not preclude the national tax as described.
Legal Topics
Free Movement of Capital, Financial Transaction Tax, Non Discrimination, Administrative Obligations
European Union Law Tax Law Free Movement of Capital Financial Transaction Tax Non Discrimination Administrative Obligations

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Parties

Société Générale SA

Applicant

Agenzia delle Entrate – Direzione Regionale Lombardia Ufficio Contenzioso

Respondent

Commission européenne

Intervener

Procedural Posture

Preliminary Ruling / Final Judgment

  1. 1 Whether Article 63 TFEU precludes a national tax on financial transactions involving derivatives with underlying securities issued by a resident company, regardless of the location or residence of the parties or intermediaries.
  2. 2 Whether such a tax and its accompanying administrative and declarative obligations constitute discrimination or a restriction on the free movement of capital.

Ratio Decidendi

Article 63 TFEU does not preclude a national tax on financial transactions involving derivatives with underlying securities issued by a resident company, applied regardless of the location or residence of the parties or intermediaries, provided the tax applies identically to residents and non-residents and administrative obligations do not exceed what is necessary for tax collection.

Court Disposition

Reference answered; Article 63 TFEU does not preclude the national tax as described.

Orders

  • Article 63 TFEU does not preclude a national tax on financial transactions involving derivatives with underlying securities issued by a resident company, regardless of the location or residence of the parties or intermediaries, provided administrative obligations for non-residents do not exceed what is necessary for...
  • Costs to be determined by the referring court.