# C_2022359EN.01002401.xml

| 19.9.2022 | EN | Official Journal of the European Union | C 359/24 |
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19.9.2022

EN

Official Journal of the European Union

C 359/24

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Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD) (Portugal) lodged on 24 May 2022 — Cofidis v Autoridade Tributária e Aduaneira

(Case C-340/22)

(2022/C 359/26)

Language of the case: Portuguese

Referring court

Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD)

Parties to the main proceedings

Applicant: Cofidis

Defendant: Autoridade Tributária e Aduaneira

Questions referred

| 1 | Does Directive 2014/59/EU (1) of 15 May 2014 preclude the taxation in a Member State of branches of financial institutions resident in another Member State of the European Union, pursuant to legislation such as the Portuguese national rules governing the additional solidarity tax on the banking sector, which is levied on the adjusted liabilities and notional value of off-balance sheet derivative financial instruments and from which the revenue collected is not allocated to national financing arrangements for resolution measures or to the financing of the Single Resolution Fund? |
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1

Does Directive 2014/59/EU (1) of 15 May 2014 preclude the taxation in a Member State of branches of financial institutions resident in another Member State of the European Union, pursuant to legislation such as the Portuguese national rules governing the additional solidarity tax on the banking sector, which is levied on the adjusted liabilities and notional value of off-balance sheet derivative financial instruments and from which the revenue collected is not allocated to national financing arrangements for resolution measures or to the financing of the Single Resolution Fund?

| 2 | Does the freedom of establishment enshrined in Article 49 TFEU preclude national legislation such as that laid down in the Portuguese national rules governing the additional solidarity tax on the banking sector, which permits the deduction from the liabilities, as determined and approved, certain liability items which are taken into account for the purposes of the calculation of tier 1 and tier 2 own funds, in accordance with the provisions of Part II of Regulation (EU) No 575/2013 (2) of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012, taking into account the transitional provisions laid down in Part IX of that Regulation, which may be issued only by entities with legal personality, in other words, which may not be issued by branches of non-resident credit institutions? |
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2

Does the freedom of establishment enshrined in Article 49 TFEU preclude national legislation such as that laid down in the Portuguese national rules governing the additional solidarity tax on the banking sector, which permits the deduction from the liabilities, as determined and approved, certain liability items which are taken into account for the purposes of the calculation of tier 1 and tier 2 own funds, in accordance with the provisions of Part II of Regulation (EU) No 575/2013 (2) of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012, taking into account the transitional provisions laid down in Part IX of that Regulation, which may be issued only by entities with legal personality, in other words, which may not be issued by branches of non-resident credit institutions?

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(1)  Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council Text with EEA relevance (OJ 2014 L 173, p. 190).

(2)  OJ 2013 L 176, p. 1.

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