Belgium and European Union: preliminary ruling requested on higher taxation of interest paid by non-resident banks

May 3, 2013

On 28 February 2013, reference was made to the Court of Justice of the European Union (CJEU) by the Belgium Constitutional Court (Court Constitutionelle) in Guy Kleinen vs. Council of Ministers (C-99/13).

The referring court requested the CJEU to answer the following question:

“Must Articles 56 and 63 of the Treaty on the Functioning of the EU (TFEU) and Articles 36 and 41 of the Agreement on the European Economic Area be interpreted as precluding a Member State from introducing and maintaining a system of higher taxation of the interest paid by non-resident banks through the application of a tax exemption or a lower tax rate solely to the interest paid by Belgian banks?”

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