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ECJ: temporal effects of judgment in Meilicke against Germany should not be limited – details

28 April 2007

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Approved Changes

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European Union-Germany

On 6 March 2007, the European Court of Justice (ECJ) gave its decision in the case Meilicke and Others v. Finanzamt Bonn-Innenstadt (C-292/04). Advocate General (AG) Tizzano gave his Opinion in the case on 10 November 2005 and a second Opinion was delivered by AG Stix-Hackl on 5 October 200. Details of the ECJ's judgment are summarized below. (a) Facts. A German-resident individual in 1995 to 1997 derived dividends from shareholdings in Danish and Netherlands joint-stock companies. In 2000, his heirs applied for an imputation credit in respect of the foreign corporate income tax due. The German tax authorities rejected...