On 15 September 2010 the ECJ heard oral submissions in the joint cases of Haribo and Österreichische Salinen AG. In essence these Austrian references ask whether national law, which applies a credit system to foreign portfolio holdings whilst exempting nationally sourced portfolio income, is contrary to the free movement of capital.

The taxpayers argued that in portfolio situations it is, in practice, impossible to show underlying tax for the purpose of obtaining a credit and that the imposition of such a burden discourages foreign investments since there is no equivalent requirement for domestic companies.

Advocate General Kokott is expected to publish her opinion on 11 November 2010.