CELEX: 62018CA0565
Language: en
Date: 2020-04-30 00:00:00
Title: Case C-565/18: Judgment of the Court (Second Chamber) of 30 April 2020 (request for a preliminary ruling from the Commissione Tributaria Regionale per la Lombardia — Italy) — Société Générale S.A. v Agenzia delle Enrate — Direzione Regionale Lombardia Ufficio Contenzioso (Reference for a preliminary ruling — Article 63 TFEU — Free movement of capital — Financial transaction tax — Transactions in derivative financial instruments having as an underlying security a security issued by a company resident in the Member State of taxation — Tax due regardless of the place of conclusion of the transaction — Administrative and declaratory obligations)

20.7.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 240/5
            
         
      Judgment of the Court (Second Chamber) of 30 April 2020 (request for a preliminary ruling from the Commissione Tributaria Regionale per la Lombardia — Italy) — Société Générale S.A. v Agenzia delle Enrate — Direzione Regionale Lombardia Ufficio Contenzioso
      (Case C-565/18) (1)
      
      (Reference for a preliminary ruling - Article 63 TFEU - Free movement of capital - Financial transaction tax - Transactions in derivative financial instruments having as an underlying security a security issued by a company resident in the Member State of taxation - Tax due regardless of the place of conclusion of the transaction - Administrative and declaratory obligations)
      (2020/C 240/06)
      Language of the case: Italian
      
         Referring court
      
      Commissione Tributaria Regionale per la Lombardia
      
         Parties to the main proceedings
      
      
         Applicant: Société Générale S.A.
      
         Defendant: Agenzia delle Enrate — Direzione Regionale Lombardia Ufficio Contenzioso
      
         Operative part of the judgment
      
      Article 63 TFEU must be interpreted as not precluding legislation of a Member State which imposes a tax on financial transactions involving derivative financial instruments to be paid by the parties to the transaction, regardless of the place where the transaction took place or of the State of residence of those parties and of any intermediary involved in the execution of that transaction, provided that those instruments have as an underlying security a security issued by a company incorporated in that Member State. The administrative and declaratory obligations accompanying that tax incumbent upon non-resident entities, however, must not go beyond what is necessary to recover that tax.
      
         (1)  OJ C 436, 3.12.2018.