La discriminación de fondos de inversión inmobiliaria extranjeros implica una restricción a libertad de movimiento de capitales: STJUE de 27 de abril de 2023, C-537/20

Abstract

The German legislation which imposes a real obligation on non-resident real estate investment funds while their resident counterparts are exempt from tax is contrary to Article 63 TFEU. The CJEU considers that that difference in treatment constitutes a restriction on the free movement of capital in so far as two equivalent types of investment are being treated differently solely
on the basis of their tax residence. That difference is not justified either on grounds of the public interest or because the two situations cannot be objectively compared.