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Case C-20/16: Judgment of the Court (Tenth Chamber) of 22 June 2017 (request for a preliminary ruling from the Bundesfinanzhof — Germany) — Wolfram Bechtel, Marie-Laure Bechtel v Finanzamt Offenburg (Reference for a preliminary ruling — Freedom of movement of workers — Income received in a Member State other than the Member State of residence — Method of exemption with maintenance of progressivity in the Member State of residence — Pension and health insurance contributions levied on income received in a Member State other than the Member State of residence — Deduction of those contributions — Condition relating to the absence of a direct link with exempted tax revenues)
ECLI:EU:UNKNOWN:62016CA0020
62016CA0020
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21.8.2017
Official Journal of the European Union
C 277/12
(Case C-20/16) (<span class="super note-tag">1</span>)
((Reference for a preliminary ruling - Freedom of movement of workers - Income received in a Member State other than the Member State of residence - Method of exemption with maintenance of progressivity in the Member State of residence - Pension and health insurance contributions levied on income received in a Member State other than the Member State of residence - Deduction of those contributions - Condition relating to the absence of a direct link with exempted tax revenues))
(2017/C 277/15)
Language of the case: German
Referring court
Parties to the main proceedings
Applicants: Wolfram Bechtel, Marie-Laure Bechtel
Defendant: Finanzamt Offenburg
Operative part of the judgment
Article 45 TFEU must be interpreted to the effect that it precludes legislation of a Member State, such as that at issue in the main proceedings, under which a taxpayer residing in that Member State and working for the public administration of another Member State may not deduct from the income tax basis of assessment in her Member State of residence the pension and health insurance contributions deducted from her wages in the Member State of employment, in contrast to comparable contributions paid to the social security fund of her Member State of residence, where, under the Convention for the avoidance of double taxation between the two Member States, the wages must not be taxed in the worker’s Member State of residence and merely increase the tax rate to be applied to other income.
Language of the case: German
(<span class="super note-tag">1</span>) OJ C 118, 4.4.2016.