Request for a preliminary ruling from the Cour constitutionnelle (Belgium) lodged on 28 February 2013 — Guy Kleynen v Council of Ministers

(Case C-99/13)

2013/C 141/25

Language of the case: French

Referring court

Cour constitutionnelle

Parties to the main proceedings

Applicant: Guy Kleynen

Defendant: Council of Ministers

Question referred

Must Articles 56 and 63 of the Treaty on the Functioning of the European Union and Articles 36 and 41 of the Agreement on the European Economic Area be interpreted as precluding a Member State from introducing and maintaining a system of higher taxation of the interest paid by non-resident banks through the application of a tax exemption or a lower tax rate solely to the interest paid by Belgian banks?