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ECJ: Advocate General finds Swedish legislation limiting the exemption of third-country dividends justifiable restriction on EC free movement of capital – details

04 November 2007

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Approved Changes

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Sweden-EU

On 11 September 2007, Advocate General Yves Bot of the European Court of Justice (ECJ) gave his opinion in case of Skatteverket v. A (C-101/05). Details of the opinion are summarized below. (a) Facts and legal background.Under Swedish legislation, dividends (in the form of shares in a subsidiary) received, inter alia, from a parent company situated within the European Economic Area (EEA) or in a country with which Sweden has concluded a tax treaty, containing an exchange of information clause, are exempt under certain conditions. In the case at issue, a Swedish resident individual received dividends in the form of...