Request for a preliminary ruling from the Østre Landsret (Denmark) lodged on 5 September 2016 — Fidelity Funds v Skatteministeriet

(Case C-480/16)

Language of the case: Danish

Referring court

Østre Landsret

Parties to the main proceedings

Applicant: Fidelity Funds

Defendant: Skatteministeriet

Intervener: NN (L) SICAV

Question referred

Is a tax regime, such as that in the main proceedings, under which non-Danish undertakings for collective investment covered by Council Directive 85/611/EEC ¹ (the UCITS Directive) are taxed at source on dividends from Danish companies, contrary to Article 56 TEC (Article 63 TFEU) on free movement of capital or Article 49 TEC (Article 56 TFEU) on freedom to provide services, where equivalent Danish undertakings for collective investment can obtain an exemption for tax at source, either because they in fact make a minimum distribution to their members in return for retention of tax at source, or technically a minimum distribution is calculated, on which tax at source is retained in relation to the undertakings’ members?

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¹ Council Directive 85/611/EEC of 20 December 1985 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) (OJ 1985 L 375, p. 3).