Judgment — ECLI:EU:C:2011:625
Date: 2011-09-29
Language of the case: German
Court formation: Seventh Chamber
Subject matter: Freedom to provide services
Procedure: Action for failure to fulfil obligations - successful
Origin: Austria

Judgment of the Court (Seventh Chamber) of 29 September 2011 – Commission v Austria (Case C-387/10) Failure of a Member State to fulfil obligations – Freedom to provide services – Legislation of a Member State concerning investment funds and real property investment funds – Evidence relating to revenue regarded as distributed – Evidence provided through a tax representative – ‘National’ financial institutions and business trustees recognised as tax representatives Freedom to provide services – Restrictions – National legislation limiting the tax representation of investment funds and real property investment funds to national financial institutions and national business trustees – Not permissible – Not justified by the general interest (Art. 49 EC; EEA Agreement, Art. 36) (see paras 25, 31-34, operative part) Re: Failure of a Member State to fulfil obligations – Breach of Article 49 EC and of Article 36 of the Agreement of 2 May 1992 on the European Economic Area (OJ 1994 L 1, p. 3) – Legislation of a Member State restricting tax representation in respect of investment funds and real property investment funds to business trustees and financial institutions established in that State. Operative part The Court: 1. Declares that, by adopting and maintaining in force provisions under which only national financial institutions and national business trustees may be appointed as tax representatives of investment funds or real property investment funds, the Republic of Austria has failed to fulfil its obligations under Article 49 EC and Article 36 of the Agreement of 2 May 1992 on the European Economic Area; 2. Orders the Republic of Austria to pay the costs.