Freedom of establishment – Article 52 of the EC Treaty (now, following amendment, Article 43 EC) and Article 58 of the EC Treaty (now Article 48 EC) – Free movement of capital – Articles 73b and 73d of the EC Treaty (now Articles 56 EC and 58 EC respectively) – Taxation of legal persons – Income from capital and movable property – Retention of tax at source – Withholding tax – Charging of withholding tax on interest paid to non-resident companies – No charging of withholding tax on interest paid to resident companies – Double taxation convention – Restriction – None.
December 22 2008