Communication: judgment No. 0478 of 2019

IDENTIFIER
62019CA0478
LANGUAGE
English
COURT
Court of Justice of the European Union
AG OPINION
NO
REFERENCES MADE
4
REFERENCED
1
DOCUMENT TYPE
Communication: judgment

Judgment



21.2.2022   

EN

Official Journal of the European Union

C 84/4


Judgment of the Court (Second Chamber) of 16 December 2021 (requests for a preliminary ruling from the Corte suprema di cassazione — Italy) — UBS Real Estate Kapitalanlagegesellschaft mbH v Agenzia delle Entrate

(Joined Cases C-478/19 and C-479/19) (1)

(Reference for a preliminary ruling - Free movement of capital - Closed-ended mutual investment funds - Open-ended mutual investment funds - Investments in real estate - Mortgage registration tax and land registry fees - Tax advantage granted only to closed-ended real estate investment funds - Difference in treatment - Comparability of situations - Objective criteria of differentiation)

(2022/C 84/04)

Language of the case: Italian

Referring court

Corte suprema di cassazione

Parties to the main proceedings

Applicant: UBS Real Estate Kapitalanlagegesellschaft mbH

Defendant: Agenzia delle Entrate

Operative part of the judgment

Article 56 EC (now, after amendment, Article 63 TFEU) must be interpreted as precluding legislation of a Member State which restricts the benefit of the reduction in mortgage registration tax and in land registry fees solely to closed-ended real estate funds, to the exclusion of open-ended real estate funds, provided that those two categories of fund are in objectively comparable situations, unless such a difference in treatment is justified by the objective of limiting systemic risks on the real estate market.


(1)  OJ C 357, 21.10.2019.



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