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Case C-493/09: Judgment of the Court (First Chamber) of 6 October 2011 — European Commission v Portuguese Republic (Failure of a Member State to fulfil obligations — Article 63 TFEU and Article 40 of the EEA Agreement — Free movement of capital — Foreign and national pension funds — Corporation tax — Dividends — Exemption — Difference in treatment)
ECLI:EU:UNKNOWN:62009CA0493
62009CA0493
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26.11.2011
Official Journal of the European Union
C 347/4
(Case C-493/09) (<span class="super">1</span>)
(Failure of a Member State to fulfil obligations - Article 63 TFEU and Article 40 of the EEA Agreement - Free movement of capital - Foreign and national pension funds - Corporation tax - Dividends - Exemption - Difference in treatment)
2011/C 347/04
Language of the case: Portuguese
Parties
Applicant: European Commission (represented by: R. Lyal and M. Afonso, acting as Agents)
Defendant: Portuguese Republic (represented by: L. Inez Fernandes and H. Ferreira, acting as Agents)
Re:
Failure of a Member State to fulfil obligations — Infringement of Article 63 TFEU and of Article 40 EEA — Restrictions on movements of capital — Foreign and national pension funds — Dividends — Taxation — Difference in treatment
Operative part of the judgment
1.By reserving the benefit of the corporation tax exemption to pension funds resident in Portuguese territory alone, the Portuguese Republic has failed to fulfil its obligations under Article 63 TFEU and Article 40 of the Agreement on the European Economic Area of 2 May 1992.
2.The Portuguese Republic is to pay the costs.
(<span class="super">1</span>) OJ C 37, 13.2.2010.