A request for a preliminary ruling on the free movement of capital/freedom to provide services as referred to the Court of Justice of the European Union by the Danish Østre Landsret (Danish Eastern High Court) was published in the Official Journal of the European Union of November 14, 2016. Fidelity Funds is the applicant in the proceedings of the underlying case, whereas the Skatteministeriet is the defendant. The request was lodged on September 5, 2016.

According to the Official Journal the following question was referred for a preliminary ruling:

“Is a tax regime, such as that in the main proceedings, under which non-Danish undertakings for collective investment covered by Council Directive 85/611/EEC (the UCITS Directive) are taxed at source on dividends from Danish companies, contrary to Article 56 TEC (Article 63 TFEU) on free movement of capital or Article 49 TEC (Article 56 TFEU) on freedom to provide services, where equivalent Danish undertakings for collective investment can obtain an exemption for tax at source, either because they in fact make a minimum distribution to their members in return for retention of tax at source, or technically a minimum distribution is calculated, on which tax at source is retained in relation to the undertakings’ members?”

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