CELEX: 62009CA0493
Language: en
Date: 2011-10-06 00:00:00
Title: Case C-493/09: Judgment of the Court (First Chamber) of 6 October 2011 — European Commission v Portuguese Republic (Failure of a Member State to fulfil obligations — Article 63 TFEU and Article 40 of the EEA Agreement — Free movement of capital — Foreign and national pension funds — Corporation tax — Dividends — Exemption — Difference in treatment)

26.11.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 347/4
            
         Judgment of the Court (First Chamber) of 6 October 2011 — European Commission v Portuguese Republic
   (Case C-493/09) (1)
   
   (Failure of a Member State to fulfil obligations - Article 63 TFEU and Article 40 of the EEA Agreement - Free movement of capital - Foreign and national pension funds - Corporation tax - Dividends - Exemption - Difference in treatment)
   2011/C 347/04
   Language of the case: Portuguese
   
      Parties
   
   
      Applicant: European Commission (represented by: R. Lyal and M. Afonso, acting as Agents)
   
      Defendant: Portuguese Republic (represented by: L. Inez Fernandes and H. Ferreira, acting as Agents)
   
      Re:
   
   Failure of a Member State to fulfil obligations — Infringement of Article 63 TFEU and of Article 40 EEA — Restrictions on movements of capital — Foreign and national pension funds — Dividends — Taxation — Difference in treatment
   
      Operative part of the judgment
   
   
               1.
            
            
               By reserving the benefit of the corporation tax exemption to pension funds resident in Portuguese territory alone, the Portuguese Republic has failed to fulfil its obligations under Article 63 TFEU and Article 40 of the Agreement on the European Economic Area of 2 May 1992.
            
         
               2.
            
            
               The Portuguese Republic is to pay the costs.
            
         
      (1)  OJ C 37, 13.2.2010.