15.10.2018

Official Journal of the European Union

C 373/7

(Case C-459/18)

(2018/C 373/07)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: Argenta Spaarbank NV

Defendant: Belgische Staat

Question referred

Does Article 49 of the Treaty on the Functioning of the European Union preclude national tax legislation pursuant to which, for the purpose of calculating the taxable profits of a company subject to full tax liability in Belgium which has a permanent establishment in another Member State, the profits of which are wholly exempt in Belgium by virtue of the application of a double taxation convention between Belgium and the other Member State:

the deduction for risk capital is reduced by an amount in respect of deduction for risk capital calculated with reference to the positive difference between, on the one hand, the net book value of the assets of the permanent establishment, and, on the other hand, the total liabilities that do not form part of the company’s equity capital and that are attributable to the permanent establishment and

the aforementioned reduction is not applied in so far as the amount of the reduction is lower than the profits of that permanent establishment,

whereas no reduction of the deduction for risk capital is applied if that positive difference can be attributed to a permanent establishment located in Belgium?