CELEX: 62016CA0480
Language: en
Date: 2018-06-21 00:00:00
Title: Case C-480/16: Judgment of the Court (Fifth Chamber) of 21 June 2018 (request for a preliminary ruling from the Østre Landsret — Denmark) — Fidelity Funds and Others v Skatteministeret (Reference for a preliminary ruling — Free movement of capital and liberalisation of payments — Restrictions — Taxation of dividends paid to undertakings for collective investment in transferable securities (UCITS) — Dividends paid by companies resident in one Member State to non-resident UCITS — Tax exemption for dividends paid by companies resident in one Member State to resident UCITS — Justifications — Balanced allocation between Member States of the power to impose taxes — Coherence of the tax system — Proportionality)

201807270232025062018/C 285/064802016CJC28520180813EN01ENINFO_JUDICIAL201806215621Case C-480/16: Judgment of the Court (Fifth Chamber) of 21 June 2018 (request for a preliminary ruling from the Østre Landsret — Denmark) — Fidelity Funds and Others v Skatteministeret (Reference for a preliminary ruling — Free movement of capital and liberalisation of payments — Restrictions — Taxation of dividends paid to undertakings for collective investment in transferable securities (UCITS) — Dividends paid by companies resident in one Member State to non-resident UCITS — Tax exemption for dividends paid by companies resident in one Member State to resident UCITS — Justifications — Balanced allocation between Member States of the power to impose taxes — Coherence of the tax system — Proportionality)
 ---documentbreak--- C2852018EN510120180621EN00065162Judgment of the Court (Fifth Chamber) of 21 June 2018 (request for a preliminary ruling from the Østre Landsret — Denmark) — Fidelity Funds and Others v Skatteministeret
   (Case C-480/16) (
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   ‛(Reference for a preliminary ruling — Free movement of capital and liberalisation of payments — Restrictions — Taxation of dividends paid to undertakings for collective investment in transferable securities (UCITS) — Dividends paid by companies resident in one Member State to non-resident UCITS — Tax exemption for dividends paid by companies resident in one Member State to resident UCITS — Justifications — Balanced allocation between Member States of the power to impose taxes — Coherence of the tax system — Proportionality)’2018/C 285/06Language of the case: Danish
      Referring court
   
   Østre Landsret
   
      Parties to the main proceedings
   
   
      Applicant: Fidelity Funds and Others
   
      Defendant: Skatteministeret
   
      Intervener: NN (L) SICAV
   
      Operative part of the judgment
   
   Article 63 TFEU must be interpreted as precluding legislation of a Member State, such as that at issue in the main proceedings, under which the dividends distributed by a company resident in that Member State to a non-resident undertaking for collective investment in transferable securities (UCITS) are subject to withholding tax, while dividends distributed to a UCITS resident in that same Member State are exempt from such tax, provided that that undertaking makes a minimum distribution to its members, or technically calculates a minimum distribution, and withholds on that actual or notional distribution the tax payable by its members.
   (
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      )	OJ C 419, 14.11.2016.