Fidelity Funds and other companies v Skatteministeriet

European Union – Freedom of movement. Article 63 of the Treaty on the Functioning of the European Union precluded legislation of a member state under which the dividends distributed by a company resident in that member state to a non-resident undertaking for collective investment in transferable securities (UCITS) were subject to withholding tax, while dividends distributed to a UCITS resident in that same member state were exempt from such tax, provided that the undertaking made a minimum distribution to its members, or technically calculated a minimum distribution, and withheld on that actual or notional distribution the tax payable by its members. The Court of Justice of the European Union so held in proceedings concerning claims for repayment of withholding tax levied on dividends paid to the applicant companies in relation to certain periods by companies resident in Denmark.

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