CELEX: 62011CA0322
Language: en
Date: 2013-11-07 00:00:00
Title: Case C-322/11: Judgment of the Court (First Chamber) of 7 November 2013 (request for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — Proceedings brought by K (Reference for a preliminary ruling — Articles 63 TFEU and 65 TFEU — Free movement of capital — Tax legislation of a Member State which does not allow deduction of the loss on the sale of immovable property situated in another Member State from the gain on the sale of securities in the Member State of taxation)

11.1.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 9/3
            
         Judgment of the Court (First Chamber) of 7 November 2013 (request for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — Proceedings brought by K
   (Case C-322/11) (1)
   
   (Reference for a preliminary ruling - Articles 63 TFEU and 65 TFEU - Free movement of capital - Tax legislation of a Member State which does not allow deduction of the loss on the sale of immovable property situated in another Member State from the gain on the sale of securities in the Member State of taxation)
   2014/C 9/03
   Language of the case: Finnish
   
      Referring court
   
   Korkein hallinto-oikeus
   
      Party to the main proceedings
   
   K
   
      Re:
   
   Request for a preliminary ruling — Korkein hallinto-oikeus — Interpretation of Articles 63 and 65 TFEU — Free movement of capital — National tax legislation not allowing a person with full liability to tax to deduct the loss on the sale of immovable property situated in another Member State from the gain on the transfer of securities in the Member State of taxation
   
      Operative part of the judgment
   
   Articles 63 TFEU and 65 TFEU do not preclude national tax legislation such as that at issue in the main proceedings, which does not allow a taxpayer who resides in the Member State concerned and is fully liable to income tax there to deduct the losses arising on the transfer of immovable property situated in another Member State from the income from moveable assets which is taxable in the first Member State, although that would have been possible, on certain conditions, if the immovable property had been situated in the first Member State.
   
      (1)  OJ C 252, 27.8.2011.