CELEX: 62014CA0522
Language: en
Date: 2016-04-14 00:00:00
Title: Case C-522/14: Judgment of the Court (Third Chamber) of 14 April 2016 (request for a preliminary ruling from the Bundesfinanzhof — Germany) — Sparkasse Allgäu v Finanzamt Kempten (Reference for a preliminary ruling — Freedom of establishment — Article 49 TFEU — Legislation of a Member State requiring credit institutions to notify the tax authorities of deceased customers’ assets for purposes related to the collection of inheritance tax — Application of that legislation to branches established in another Member State in which banking secrecy prohibits, in principle, the disclosure of such information)

13.6.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 211/14
            
         
      Judgment of the Court (Third Chamber) of 14 April 2016 (request for a preliminary ruling from the Bundesfinanzhof — Germany) — Sparkasse Allgäu v Finanzamt Kempten
      (Case C-522/14) (1)
      
      ((Reference for a preliminary ruling - Freedom of establishment - Article 49 TFEU - Legislation of a Member State requiring credit institutions to notify the tax authorities of deceased customers’ assets for purposes related to the collection of inheritance tax - Application of that legislation to branches established in another Member State in which banking secrecy prohibits, in principle, the disclosure of such information))
      (2016/C 211/16)
      Language of the case: German
      
         Referring court
      
      Bundesfinanzhof
      
         Parties to the main proceedings
      
      
         Applicant: Sparkasse Allgäu
      
         Defendant: Finanzamt Kempten
      
         Operative part of the judgment
      
      Article 49 TFEU must be interpreted as not precluding legislation of a Member State which requires credit institutions having their head office in that Member State to notify the national authorities of assets held or managed at their dependent branches established in another Member State in the event of the death of the owner of those assets who is resident in the first Member State, in the case where there is no similar notification obligation in that second Member State and credit institutions there are subject to banking secrecy breach of which constitutes a criminal offence.
      
         (1)  OJ C 65, 23.2.2015.