Materials | Database for ECJ Decisions

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Date Number Name Country Problem (Keywords) Tax type: Classification Sedes materiae: Market Freedom Justification: Coherence Download Order / Judgement
C-38/10 Comm. v. Portugal P taxation; immediate taxation; gains; capital gains; unrealised capital gains; transfer; management
Corporation tax Art. 49 TFEU not considered German
English
French
C-503/14 Comm. v. Portugal P expatriation taxation; exchange; shares; residence; deferral; tax deferral; transfer; assets
Income tax Art. 21, 45, 49 TFEU; Art. 28, 31 EEA Agreement (-) German
English
French
C-345/05 Comm. v. Portugal P tax exemption; gains; real estate; disposal; reinvestment Income tax Art. 18, 39, 43, 56 EC (≙ Art. 21, 45, 49, 63 TFEU); Art. 28, 31, 41 EEA Agreement (-) German
English
French
C-562/07 Comm. v. Spain E residence; sale Income tax Art. 56 EC (≙ Art. 63 TFEU); Art. 40 EEA Agreement (-) German
English
French
C-487/08 Comm. v. Spain E dividends; exemption; distribution; residence; holding
Corporation tax Art. 56 EC (≙ Art. 63 TFEU) not considered German
English
French
C-64/11 Comm. v. Spain E hidden earnings; assessment basis; transfer; domicile; permanent establishments; property Corporation tax Art. 49 TFEU; Art. 31 EEA Agreement not considered French
C-127/12 Comm. v. Spain E inheritance; gifts; immovable property; residence; regions Inheritance/Gift tax Art. 63 TFEU; Art. 40 EEA Agreement not considered French
C-678/11 Comm. v. Spain E appointment; tax representative; representative; pension funds; insurance; pension; funds Corporation tax Art. 56 TFEU; Art. 36 EEA Agreement not considered German
English
French
C-219/03 Comm. v. Spain E shares; tax shalter; trade; markets Income tax Art. 49, 56 EC (≙ Art. 56, 63 TFEU) not considered French
C-248/06 Comm. v. Spain E tax deduction; deduction; research; development; costs Corporation tax Art. 43, 49 EC (≙ Art. 49, 56 TFEU); Art. 31, 36 EEA Agreement not considered French