Back to EUR-Lex homepage

EUR-Lex Access to European Union law

Back to EUR-Lex homepage

This document is an excerpt from the EUR-Lex website

Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search
You are here

Document 62017CN0641

Case C-641/17: Request for a preliminary ruling from the Finanzgericht München (Germany) lodged on 17 November 2017 — College Pension Plan of British Columbia v Finanzamt München III

OJ C 112, 26.3.2018, p. 6–6 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

26.3.2018   

EN

Official Journal of the European Union

C 112/6

Request for a preliminary ruling from the Finanzgericht München (Germany) lodged on 17 November 2017 — College Pension Plan of British Columbia v Finanzamt München III

(Case C-641/17)

(2018/C 112/09)

Language of the case: German

Referring court

Finanzgericht München

Parties to the main proceedings

Applicant: College Pension Plan of British Columbia

Defendant: Finanzamt München III

Questions referred

1.

Does the freedom of movement of capital under Article 63(1) TFEU in conjunction with Article 65 TFEU preclude legislation of a Member State under which a non-resident institution operating an occupational pension scheme whose essential structure is similar to a German pension fund does not receive any relief from tax on income from capital in respect of dividends received, whereas such dividend distributions to domestic pension funds do not result in any increase in their corporation tax liability, or only a comparatively small one, because the latter are able to reduce their taxable profit in a tax assessment procedure by deducting the amounts reserved to meet their pension payment obligations and to neutralise the tax on income from capital through a set-off, and also receive a refund in the event that the amount of corporation tax payable is less than the amount set-off?

2.

If the answer to Question 1 is yes: is the restriction of the free movement of capital through Paragraph 32(1) No 2 of the Law on corporation tax permissible with respect to third countries under Article 63 TFEU in conjunction with Article 64(1) TFEU because it relates to the provision of financial services?
Top