Keywords
Summary

Keywords

Freedom to provide services - Restrictions - Taxation of savings in the form of life assurance - National legislation providing for different tax regimes according to the place of establishment of the insurance companies - Not permissible

(EC Treaty, Art. 59)

Summary

Although direct taxation does not as such fall within the purview of the Community, the powers retained by the Member States must nevertheless be exercised consistently with Community law.

As regards freedom to provide services, Article 59 of the Treaty precludes the application of legislation in a Member State which provides for different tax regimes for capital life assurance policies, depending on whether they are taken out with companies established in that Member State or with companies established elsewhere, where that legislation contains a number of elements liable to dissuade individuals from taking out capital life assurance with companies established in other Member States and liable to dissuade those insurance companies from offering their services on the market in that Member State.