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Case C-625/17: Judgment of the Court (First Chamber) of 22 November 2018 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — Vorarlberger Landes- und Hypothekenbank AG v Finanzamt Feldkirch (Reference for a preliminary ruling — Articles 56 and 63 TFEU — Freedom to provide services and free movement of capital — Credit institutions — Stability charge and the special contribution for that charge determined according to the unconsolidated balance sheet total of credit institutions established in Austria — Inclusion of cross-border banking transactions — Exclusion of subsidiaries’ transactions in another Member State — Difference in treatment — Restriction — Justification)
ECLI:EU:UNKNOWN:62017CA0625
62017CA0625
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21.1.2019
Official Journal of the European Union
C 25/11
(Case C-625/17) (*)
((Reference for a preliminary ruling - Articles 56 and 63 TFEU - Freedom to provide services and free movement of capital - Credit institutions - Stability charge and the special contribution for that charge determined according to the unconsolidated balance sheet total of credit institutions established in Austria - Inclusion of cross-border banking transactions - Exclusion of subsidiaries’ transactions in another Member State - Difference in treatment - Restriction - Justification))
(2019/C 25/13)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Vorarlberger Landes- und Hypothekenbank AG
Defendant: Finanzamt Feldkirch
Operative part of the judgment
Article 56 TFEU must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, in so far as it imposes on credit institutions established in Austria, such as the credit institution at issue in the main proceedings, which do not supply services to their clients resident in other Member States through permanent credit institutions established in those Member States, a charge determined according to the ‘average unconsolidated balance sheet total’, which includes the banking transactions which those institutions enter into directly with nationals of other Member States, whilst excluding the same transactions entered into by subsidiaries of credit institutions established in Austria where those subsidiaries are established in other Member States.
(*)
Language of the case: German
ECLI:EU:C:2019:140