Court of Justice of the European Union

Judgment of 4 February 2016, published on 18 April 2016

Case C-194/15

In this judgment, delivered within a reference for a preliminary ruling, the Court of Justice of the European Union stated that Articles 49, 63 and 65 of the Treaty on the Functioning of the European Union (“TFEU”) do not preclude legislation of a Member State granting shareholders (resident for tax purposes in that Member State) a tax credit for international juridical double taxation of dividends in an amount lower than the amount of tax paid in the (dividends) source Member State.

Indeed, the Court of Justice of the European Union states that the residence Member State is not required, under European Union law, to compensate a tax disadvantage resulting from the simultaneous exercise of tax jurisdiction by both Member States.

Court of Justice of the European Union

Judgment of 14 April 2016, published on 14 April 2016

Case C-522/14

Within the context of a preliminary ruling, the Court of Justice of the European Union stated that 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, even if there is no similar notification obligation in that second Member State and if credit institutions are therein subject to banking secrecy, breach of which constitutes a criminal offence.