CELEX: 62007CJ0406
Failure of a Member State to fulfil obligations
Freedom of establishment
Free movement of capital
Direct taxation
Taxation of dividends from shares in companies
Rate of taxation for partnerships

Failure of a Member State to fulfil obligations – Breach of Articles 43 EC and 56 EC – National rules providing for tax exemption
for dividends distributed by national companies but not for dividends distributed by companies whose seat is in another Member
State.
Operative part
The Court:
1.
Declares that, by applying a tax regime for dividends from abroad that is less favourable than that applied to domestic dividends,
the Hellenic Republic has failed to fulfil its obligations under Articles 43 EC and 56 EC and the corresponding articles of
the Agreement on the European Economic Area of 2 May 1992, namely Articles 31 and 40 thereof;
Declares that, by maintaining in force the provisions of the Income Tax Code (Law 2238/1994, as amended by Law 3296/2004),
by which foreign partnerships in Greece are taxed more heavily than domestic partnerships, the Hellenic Republic has failed
to fulfil its obligations under Article 43 EC and Article 31 of the Agreement on the European Economic Area;
2.
Orders the Hellenic Republic to pay the costs.