Free Movement of Capital Flashcards
What is kind of the main focus of the free movement of capital?
Concerns mostly investments
What is the definition on capital?
No definition in the Treaty – the Court often looks to the annex of Directive 88/361 for guidance as to what constitutes capital.
Trummer and Mayer – mortgages, which ‘represent the classic method of securing a loan linked to the sale of real property’ were transactions covered by the annex and so were ‘inextricably linked to a capital movement’.
What is the scope of the free movement of capital?
There must be capital moving between states. in C-67/08 Block – a person resident in Germany at the date of death left to another person, also resident in Germany, capital claims against a financial institution in Spain on which inheritance tax was levied both in Germany and in Spain.
Not a purely internal situation.
