Tagged: double taxation conventions

Case C-600/10: The free movement of capital, infringement actions and the need for a plausible case

A short note on a case of yesterday: In Commission v. Germany (judgment only available in German and French so far), the Commission had argued that the free movement of capital was hindered by provisions of German tax law according to which non-resident pensions funds could not deduct directly connected operating costs from dividends and interests generated in Germany. This would create a disadvantage compared to resident pension funds which were entitled to deduct these costs in full. However, the Commission failed to convince the Court that it had a plausible case. Continue reading