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Document 62019CA0035

    Case C-35/19: Judgment of the Court (Eighth Chamber) of 24 October 2019 (Request for a preliminary ruling from the Tribunal de première instance de Liège — Belgium) — BU v État belge (Reference for a preliminary ruling — Free movement of workers — Equal treatment — Income tax — National legislation — Tax exemption for disability allowances — Allowances received in another Member State — Not included — Difference in treatment)

    OJ C 432, 23.12.2019, p. 13–14 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    23.12.2019   

    EN

    Official Journal of the European Union

    C 432/13


    Judgment of the Court (Eighth Chamber) of 24 October 2019 (Request for a preliminary ruling from the Tribunal de première instance de Liège — Belgium) — BU v État belge

    (Case C-35/19) (1)

    (Reference for a preliminary ruling - Free movement of workers - Equal treatment - Income tax - National legislation - Tax exemption for disability allowances - Allowances received in another Member State - Not included - Difference in treatment)

    (2019/C 432/15)

    Language of the case: French

    Referring court

    Tribunal de première instance de Liège

    Parties to the main proceedings

    Applicant: BU

    Defendant: État belge

    Operative part of the judgment

    Article 45 TFEU must be interpreted as precluding legislation of a Member State, such as that at issue in the main proceedings, which, without providing justification in that regard, a matter which is however for the referring court to verify, provides that the tax exemption applicable to disability allowances is subject to the condition that those allowances are paid by a body of the Member State concerned and, therefore, excludes from that exemption allowances of the same nature paid by another Member State, even where the recipient of those allowances is a resident of the Member State concerned.


    (1)  OJ C 103, 18.3.2019.


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