Language of document :

Judgment of the Court (Tenth Chamber) of 23 January 2014 – European Commission v Kingdom of Belgium

(Case C-296/12) 1

(Failure of a Member State to fulfil obligations – Freedom to provide services – Free movement of capital – Income tax – Contributions paid to a savings pension – Tax reduction solely in respect of payments to institutions or funds established in that Member State – Coherence of the tax system – Efficacy of fiscal supervision)

Language of the case: Dutch

Parties

Applicant: European Commission (represented by: R. Lyal and W. Roels, acting as Agents)

Defendant: Kingdom of Belgium (represented by: J.-C. Halleux and M. Jacobs, acting as Agents)

Re:

Failure of a Member State to fulfil obligations – Infringement of Articles 56 TFEU and 63 TFEU – Payments to a savings pension – Tax reduction – Payments made definitively in Belgium.

Operative part of the judgment

The Court:

1.    Declares that, by adopting and maintaining the tax reduction in respect of contributions paid to a savings pension in so far as that reduction is applicable only in respect of payments to institutions and funds established in Belgium, the Kingdom of Belgium has failed to fulfil its obligations under Article 56 TFEU.

2.    Orders the Kingdom of Belgium to pay the costs.

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1 OJ C 273, 8.9.2012