4.2.2012

Official Journal of the European Union

C 32/8

(Case C-157/10) (<span class="super">1</span>)

(Free movement of capital - Corporation tax - Convention for the avoidance of double taxation - Prohibition of deducting tax due but not recovered in another Member State)

2012/C 32/12

Language of the case: Spanish

Referring court

Parties to the main proceedings

Applicant: Banco Bilbao Vizcaya Argentaria SA

Defendant: Administración General del Estado

Re:

Reference for a preliminary ruling — Tribunal Supremo — Interpretation of Articles 63 and 65 TFEU — Corporation tax — National legislation and convention on double taxation prohibiting the deduction of tax due but not recovered in other Member States for income obtained on their territory

Operative part of the judgment

Article 67 of the EEC Treaty and Article 1 of Council Directive 88/361/EEC of 24 June 1988 for the implementation of Article 67 of the Treaty (article repealed by the Treaty of Amsterdam) do not preclude national rules of a Member State, such as those at issue in the main proceedings, which, in the context of corporation tax and within the framework of provisions for the avoidance of double taxation, prohibit the deduction of amounts of tax due in other Member States of the European Union on income subject to corporation tax and obtained in their territory where those amounts, though due, are not paid by virtue of an exemption, a credit or any other tax benefit, in so far as those rules are not discriminatory as compared with the treatment applied to interest obtained in that Member State, it being for the national court to establish whether that is the case.

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Language of the case: Spanish.