CELEX: 62019CA0478
Language: en
Date: 2021-12-16 00:00:00
Title: Joined Cases C-478/19 and C-479/19: Judgment of the Court (Second Chamber) of 16 December 2021 (requests for a preliminary ruling from the Corte suprema di cassazione — Italy) — UBS Real Estate Kapitalanlagegesellschaft mbH v Agenzia delle Entrate (Reference for a preliminary ruling — Free movement of capital — Closed-ended mutual investment funds — Open-ended mutual investment funds — Investments in real estate — Mortgage registration tax and land registry fees — Tax advantage granted only to closed-ended real estate investment funds — Difference in treatment — Comparability of situations — Objective criteria of differentiation)

21.2.2022   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 84/4
            
         
      Judgment of the Court (Second Chamber) of 16 December 2021 (requests for a preliminary ruling from the Corte suprema di cassazione — Italy) — UBS Real Estate Kapitalanlagegesellschaft mbH v Agenzia delle Entrate
      (Joined Cases C-478/19 and C-479/19) (1)
      
      (Reference for a preliminary ruling - Free movement of capital - Closed-ended mutual investment funds - Open-ended mutual investment funds - Investments in real estate - Mortgage registration tax and land registry fees - Tax advantage granted only to closed-ended real estate investment funds - Difference in treatment - Comparability of situations - Objective criteria of differentiation)
      (2022/C 84/04)
      Language of the case: Italian
      
         Referring court
      
      Corte suprema di cassazione
      
         Parties to the main proceedings
      
      
         Applicant: UBS Real Estate Kapitalanlagegesellschaft mbH
      
         Defendant: Agenzia delle Entrate
      
         Operative part of the judgment
      
      Article 56 EC (now, after amendment, Article 63 TFEU) must be interpreted as precluding legislation of a Member State which restricts the benefit of the reduction in mortgage registration tax and in land registry fees solely to closed-ended real estate funds, to the exclusion of open-ended real estate funds, provided that those two categories of fund are in objectively comparable situations, unless such a difference in treatment is justified by the objective of limiting systemic risks on the real estate market.
      
         (1)  OJ C 357, 21.10.2019.