28.4.2014

Official Journal of the European Union

C 129/9

(Case C-10/14)

(2014/C 129/11)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Appellant in cassation: J.B.G.T. Miljoen

Other party to the appeal in cassation: Staatssecretaris van Financiën

Questions referred

1.Does the application of Article 63 TFEU require that the comparison of a non-resident with a resident in a case such as the present, in which dividend tax was withheld on a dividend payment by the source State, be extended to the income tax payable on the dividend income, against which, in the case of residents, the dividend tax is set off?

2.If the answer to Question 1 is in the affirmative, in the assessment as to whether the effective tax burden for a non-resident is heavier than the tax burden for a resident, should a comparison be made between the Netherlands dividend tax withheld in respect of the non-resident and the Netherlands income tax payable by a resident, calculated in respect of the flat-rate income which, in the year in which the dividends were received, is attributable to the total holding of investment shares in Netherlands companies, or does European Union law require that a different standard of comparison be taken into account?