The Impact of Santander (Joined Cases C-338/11 to C-347/11) in Denmark

On 10 May 2012, the ECJ held that the French dividend withholding tax rules applicable to dividends paid to UCITS are in violation of the free movement of capital enshrined in the Treaty on the Functioning of the European Union. Just days before the ECJ ruling, the Danish government received a letter of formal notice from the European Commission concerning the corresponding Danish rules. This note discusses the Danish provisions in light of EU law.