Haribo Lakritzen Hans Riegel BetriebsgmbH v Finanzamt Linz

In Haribo Lakritzen Hans Riegel BetriebsgmbH v Finanzamt Linz (ECJ Case C-436/08) and  Österreichische Salinen AG v Finanzamt Linz (ECJ Case C-437/08) which the ECJ heard together the ECJ held that the Austrian legislation governing the taxation of dividends contravened Article 63 of the TFEU. The Austrian legislation provided that portfolio dividends from companies established in non-EU States which were members of the EEA were only exempt if ‘a comprehensive agreement for mutual assistance with regard to administrative matters and enforcement exists between the Member State and non-member State concerned’. The ECJ held that this contravened Article 63 since ‘only the existence of an agreement for mutual assistance with regard to administrative matters proves necessary for the purpose of attaining the objectives of the legislation in question’. Article 63 also precluded legislation which provided that portfolio dividends from companies established outside...