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Document 62016CA0480
Case C-480/16: Judgment of the Court (Fifth Chamber) of 21 June 2018 (request for a preliminary ruling from the Østre Landsret — Denmark) — Fidelity Funds and Others v Skatteministeret (Reference for a preliminary ruling — Free movement of capital and liberalisation of payments — Restrictions — Taxation of dividends paid to undertakings for collective investment in transferable securities (UCITS) — Dividends paid by companies resident in one Member State to non-resident UCITS — Tax exemption for dividends paid by companies resident in one Member State to resident UCITS — Justifications — Balanced allocation between Member States of the power to impose taxes — Coherence of the tax system — Proportionality)
Case C-480/16: Judgment of the Court (Fifth Chamber) of 21 June 2018 (request for a preliminary ruling from the Østre Landsret — Denmark) — Fidelity Funds and Others v Skatteministeret (Reference for a preliminary ruling — Free movement of capital and liberalisation of payments — Restrictions — Taxation of dividends paid to undertakings for collective investment in transferable securities (UCITS) — Dividends paid by companies resident in one Member State to non-resident UCITS — Tax exemption for dividends paid by companies resident in one Member State to resident UCITS — Justifications — Balanced allocation between Member States of the power to impose taxes — Coherence of the tax system — Proportionality)
Case C-480/16: Judgment of the Court (Fifth Chamber) of 21 June 2018 (request for a preliminary ruling from the Østre Landsret — Denmark) — Fidelity Funds and Others v Skatteministeret (Reference for a preliminary ruling — Free movement of capital and liberalisation of payments — Restrictions — Taxation of dividends paid to undertakings for collective investment in transferable securities (UCITS) — Dividends paid by companies resident in one Member State to non-resident UCITS — Tax exemption for dividends paid by companies resident in one Member State to resident UCITS — Justifications — Balanced allocation between Member States of the power to impose taxes — Coherence of the tax system — Proportionality)
OJ C 285, 13.8.2018, p. 5–6
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
- Date of document:
- 21/06/2018
- Date lodged:
- 05/09/2016
- Author:
- Court of Justice
- Form:
- Judicial information
- Authentic language:
- Danish
- Type of procedure:
- Reference for a preliminary ruling
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- Case affecting:
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- Related EU case-law document 62016CJ0480
- Instruments cited in case law:
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Case C-480/16: Judgment of the Court (Fifth Chamber) of 21 June 2018 (request for a preliminary ruling from the Østre Landsret — Denmark) — Fidelity Funds and Others v Skatteministeret (Reference for a preliminary ruling — Free movement of capital and liberalisation of payments — Restrictions — Taxation of dividends paid to undertakings for collective investment in transferable securities (UCITS) — Dividends paid by companies resident in one Member State to non-resident UCITS — Tax exemption for dividends paid by companies resident in one Member State to resident UCITS — Justifications — Balanced allocation between Member States of the power to impose taxes — Coherence of the tax system — Proportionality)
Judgment of the Court (Fifth Chamber) of 21 June 2018 (request for a preliminary ruling from the Østre Landsret — Denmark) — Fidelity Funds and Others v Skatteministeret
(Case C-480/16) ( 1 )
‛(Reference for a preliminary ruling — Free movement of capital and liberalisation of payments — Restrictions — Taxation of dividends paid to undertakings for collective investment in transferable securities (UCITS) — Dividends paid by companies resident in one Member State to non-resident UCITS — Tax exemption for dividends paid by companies resident in one Member State to resident UCITS — Justifications — Balanced allocation between Member States of the power to impose taxes — Coherence of the tax system — Proportionality)’
2018/C 285/06Language of the case: DanishReferring court
Østre Landsret
Parties to the main proceedings
Applicant: Fidelity Funds and Others
Defendant: Skatteministeret
Intervener: NN (L) SICAV
Operative part of the judgment
Article 63 TFEU must be interpreted as precluding legislation of a Member State, such as that at issue in the main proceedings, under which the dividends distributed by a company resident in that Member State to a non-resident undertaking for collective investment in transferable securities (UCITS) are subject to withholding tax, while dividends distributed to a UCITS resident in that same Member State are exempt from such tax, provided that that undertaking makes a minimum distribution to its members, or technically calculates a minimum distribution, and withholds on that actual or notional distribution the tax payable by its members.
( 1 ) OJ C 419, 14.11.2016.
