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Case C-725/18: Judgment of the Court (Seventh Chamber) of 30 January 2020 (request for a preliminary ruling from the Grondwettelijk Hof — Belgium) — Anton van Zantbeek VOF v Ministerraad (Reference for a preliminary ruling — Article 56 TFEU — Article 36 of the Agreement on the European Economic Area — Freedom to provide services — Tax on stock exchange transactions concluded or executed in a Member State — Difference in treatment to the detriment of recipients of services using non-resident professional intermediaries — Restriction — Justification)
ECLI:EU:UNKNOWN:62018CA0725
62018CA0725
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27.4.2020
Official Journal of the European Union
C 137/18
(Case C-725/18) (<span class="super note-tag">1</span>)
(Reference for a preliminary ruling - Article 56 TFEU - Article 36 of the Agreement on the European Economic Area - Freedom to provide services - Tax on stock exchange transactions concluded or executed in a Member State - Difference in treatment to the detriment of recipients of services using non-resident professional intermediaries - Restriction - Justification)
(2020/C 137/23)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: Anton van Zantbeek VOF
Defendant: Ministerraad
Operative part of the judgment
Article 56 TFEU and Article 36 of the Agreement on the European Economic Area of 2 May 1992 must be interpreted as meaning that they do not preclude legislation of a Member State which introduces a tax on stock exchange transactions concluded or executed on the order of a resident of that Member State by a non-resident professional intermediary, resulting in a restriction on the freedom to provide services provided by such professional intermediaries, in so far as that legislation offers such an issuer of an order and such professional intermediaries options, both as regards the declaration obligations connected with that tax and its payment, which limit that restriction to that which is necessary to attain the legitimate objectives pursued by that legislation.
(<span class="note">1</span>) OJ C 44, 4.2.2019.
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