Judgment of the Court (Seventh Chamber) of 29 September 2011.#European Commission v Republic of Austria.#Failure of a Member State to fulfil obligations - Freedom to provide services - Legislation of a Member State concerning investment funds and real property investment funds - Evidence relating to revenue regarded as distributed - Evidence provided by way of a tax representative - 'National' financial institutions and business trustees recognised as tax representatives.#Case C-387/10.

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Breach of Article 49 EC and of Article 36 of the Agreement of 2 May 1992 on the European Economic Area (OJ 1994 L 1, p. 3) – Legislation of a Member State restricting tax representation in respect of investment funds and real property investment funds to business trustees and financial institutions established in that State.

Operative part

Operative part

The Court:

1. Declares that, by adopting and maintaining in force provisions under which only national financial institutions and national business trustees may be appointed as tax representatives of investment funds or real property investment funds, the Republic of Austria has failed to fulfil its obligations under Article 49 EC and Article 36 of the Agreement of 2 May 1992 on the European Economic Area;

2. Orders the Republic of Austria to pay the costs.