CELEX: 62017CA0625
Language: en
Date: 2018-11-22 00:00:00
Title: Case C-625/17: Judgment of the Court (First Chamber) of 22 November 2018 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — Vorarlberger Landes- und Hypothekenbank AG v Finanzamt Feldkirch (Reference for a preliminary ruling — Articles 56 and 63 TFEU — Freedom to provide services and free movement of capital — Credit institutions — Stability charge and the special contribution for that charge determined according to the unconsolidated balance sheet total of credit institutions established in Austria — Inclusion of cross-border banking transactions — Exclusion of subsidiaries’ transactions in another Member State — Difference in treatment — Restriction — Justification)

21.1.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 25/11
            
         
      Judgment of the Court (First Chamber) of 22 November 2018 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — Vorarlberger Landes- und Hypothekenbank AG v Finanzamt Feldkirch
      (Case C-625/17) (1)
      
      ((Reference for a preliminary ruling - Articles 56 and 63 TFEU - Freedom to provide services and free movement of capital - Credit institutions - Stability charge and the special contribution for that charge determined according to the unconsolidated balance sheet total of credit institutions established in Austria - Inclusion of cross-border banking transactions - Exclusion of subsidiaries’ transactions in another Member State - Difference in treatment - Restriction - Justification))
      (2019/C 25/13)
      Language of the case: German
      
         Referring court
      
      Verwaltungsgerichtshof
      
         Parties to the main proceedings
      
      
         Applicant: Vorarlberger Landes- und Hypothekenbank AG
      
         Defendant: Finanzamt Feldkirch
      
         Operative part of the judgment
      
      Article 56 TFEU must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, in so far as it imposes on credit institutions established in Austria, such as the credit institution at issue in the main proceedings, which do not supply services to their clients resident in other Member States through permanent credit institutions established in those Member States, a charge determined according to the ‘average unconsolidated balance sheet total’, which includes the banking transactions which those institutions enter into directly with nationals of other Member States, whilst excluding the same transactions entered into by subsidiaries of credit institutions established in Austria where those subsidiaries are established in other Member States.
      
         (1)  OJ C 112, 26.3.2018.