Opinion of advocate general Mengozzi in the case Emerging Markets Series on national tax rules which exempt dividends paid to investment funds established in a Member State while taxing dividends paid to investment funds resident in a third-county.
Article 56 EC must be interpreted as meaning that this provision can be invoked against the application of fiscal legislation of a Member State, such as in the main proceedings. Articles 56 EC and 58 EC do not oppose the application of a tax legislation of a Member State, such as in the main proceedings, as the authorities of that Member State are not able to verify any information provided by the investment fund, in the absence of administrative cooperation corresponding to the cooperation in the European Union and the European economic area.
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