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Case C-105/08: Judgment of the Court (First Chamber) of 17 June 2010 — European Commission v Portuguese Republic (Failure of a Member State to fulfil obligations — Freedom to provide services and free movement of capital — Articles 49 EC and 56 EC and Articles 36 and 40 of the EEA Agreement — Direct taxation — Taxation of interest received — Discriminatory treatment of non-residents — Burden of proof)
ECLI:EU:UNKNOWN:62008CA0105
62008CA0105
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14.8.2010
Official Journal of the European Union
C 221/2
(Case C-105/08) (<span class="super">1</span>)
(Failure of a Member State to fulfil obligations - Freedom to provide services and free movement of capital - Articles 49 EC and 56 EC and Articles 36 and 40 of the EEA Agreement - Direct taxation - Taxation of interest received - Discriminatory treatment of non-residents - Burden of proof)
2010/C 221/02
Language of the case: Portuguese
Parties
Applicant: European Commission (represented by: R. Lyal and M. Afonso, Agents)
Defendant: Portuguese Republic (represented by: L. Inez Fernandes, J. Menezes Leitão and C. Guerra Santos, Agents)
Intervener in support of the defendant: Republic of Lithuania (represented by: D. Kriaučiūnas and V. Kazlauskaitė-Švenčionienė, Agents)
Re:
Failure of a Member State to fulfil obligations — Infringement of Articles 49 EC and 56 EC — Difference in treatment of taxation of interest paid to financial institutions depending on whether they are resident or not in Portuguese territory
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders the European Commission to pay the costs;
3.Orders the Republic of Lithuania to bear its own costs.
(<span class="super">1</span>) OJ C 116, 9.5.2008.