26.3.2018

Official Journal of the European Union

C 112/6

(Case C-641/17)

(2018/C 112/09)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: College Pension Plan of British Columbia

Defendant: Finanzamt München III

Questions referred

1.Does the freedom of movement of capital under Article 63(1) TFEU in conjunction with Article 65 TFEU preclude legislation of a Member State under which a non-resident institution operating an occupational pension scheme whose essential structure is similar to a German pension fund does not receive any relief from tax on income from capital in respect of dividends received, whereas such dividend distributions to domestic pension funds do not result in any increase in their corporation tax liability, or only a comparatively small one, because the latter are able to reduce their taxable profit in a tax assessment procedure by deducting the amounts reserved to meet their pension payment obligations and to neutralise the tax on income from capital through a set-off, and also receive a refund in the event that the amount of corporation tax payable is less than the amount set-off?

2.If the answer to Question 1 is yes: is the restriction of the free movement of capital through Paragraph 32(1) No 2 of the Law on corporation tax permissible with respect to third countries under Article 63 TFEU in conjunction with Article 64(1) TFEU because it relates to the provision of financial services?