Case Law: AUSTRIA

On January 13, 2005, the Austrian Independent Tax Senate held that the unequal treatment of domestic and foreign dividends received by corporate shareholders offends the principles of free movement of capital and freedom of establishment. The ASAC filed a preliminary ruling request with the European Court of Justice. In essence, the ECJ is asked to clarify whether the unequal treatment of dividends from third countries is prohibited under the principle of free movement of capital.