Vulnera la libre circulación de capitales denegar beneficios fiscales a organismos de inversión colectiva extranjeros que estén gestionados de manera interna: STJUE de 27 de febrero de 2025, C-18/23

Abstract

The Court finds that it infringes the free movement of capital a national rule of a Member State that refuses the exemption from corporate income tax to investment funds set up in another Member State whose investments are managed internally, by their board of directors, in so far as only externally managed collective investment undertakings are authorised in the first Member State. Thus, the Court considers that the method of management is a mere formality which does not justify a difference in treatment.