Judgment — ECLI:EU:C:2011:658
Date: 2011-10-13
Language of the case: French
Court formation: Eighth Chamber
Subject matter: Principles, objectives and tasks of the Treaties
Procedure: Reference for a preliminary ruling
Origin: Belgium

Summary of the Judgment Freedom to provide services – Restrictions – Tax legislation – National legislation granting a tax credit on income from loans provided to certain companies for the acquisition of new assets used in national territory (Art. 49 EC) Article 49 EC must be interpreted as precluding a legislative provision of a Member State which provides for the grant of a tax credit on income from loans provided to certain companies for the acquisition of new assets used in national territory subject to the condition that the right to use the asset is not transferred, by the company which acquired it through the loan conferring entitlement to the tax credit or by any other company in the same group, to third parties other than members of that group established in that Member State. Such a national provision is likely to discourage undertakings that would be eligible for that tax advantage from providing services intended to finance the acquisition of assets when the right to use will be transferred to economic operators established in other Member States. Similarly, given that the tax advantage may be added to the cost of the loan borne by the borrower, such a provision is likely to discourage undertakings wishing to acquire an asset by means of a loan from providing services leading to the transfer of the right to use that asset, such as leasing services, to economic operators established in other Member States. Furthermore, if it is not only the undertaking which acquires the asset by means of the loan conferring entitlement to the tax advantage, but also all the companies belonging to the same group as that company, that may not transfer the right to use to economic operators established in other Member States, that provision is likely to discourage those companies too from carrying out cross-border activities which lead to the transfer of that right to use. (see paras 23-25, 29, operative part)