Official Journal of the European Union

(Case C-544/07) (<span class="super">1</span>)

(Article 18 EC - Income tax legislation - Reduction of income tax by the amount of health insurance contributions paid in the Member State of taxation - Refusal of reduction by the amount of contributions paid in other Member States)

2009/C 141/24

Language of the case: Polish

Referring court

Parties to the main proceedings

Applicant: Uwe Rüffler

Defendant: Dyrektor Izby Skarbowej we Wrocławiu Ośrodek Zamiejscowy w Wałbrzychu

Re:

Reference for a preliminary ruling — Wojewódzi Sąd Administracyjny we Wrocławiu (Poland) — Interpretation of the first paragraph of Article 12 EC and of Article 39(1) and (2) EC — National legislation on income tax limiting the right to deduct health insurance contributions from that tax to contributions paid solely in the Member State concerned

Operative part of the judgment

Article 18(1) EC precludes legislation of a Member State which makes the granting of a right to a reduction of income tax by the amount of health insurance contributions paid conditional on payment of those contributions in that Member State on the basis of national law and results in the refusal to grant such a tax advantage where the contributions liable to be deducted from the amount of income tax due in that Member State have been paid under the compulsory health insurance scheme of another Member State.

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(<span class="super">1</span>) OJ C 37, 9.2.2008.