German inheritance tax: Does German law violate Art. 56, 58 of the Treaty?

German inheritance tax: Does German law violate Art. 56, 58 of the Treaty?

Reference for a preliminary ruling from the Finanzgericht Düsseldorf (Germany) lodged on 18 April 2012 — Yvon Welte v Finanzamt Velbert

(Case C-181/12)

Finanzgericht Düsseldorf


Parties to the main proceedings

Applicant: Yvon Welte

Defendant: Finanzamt Velbert

Question referred


Are Articles 56 and 58 of the Treaty establishing the European Community to be interpreted as precluding national legislation of a Member State on the charging of inheritance tax which, where land situated within the country is acquired through inheritance by a non-resident person, provides for a tax-free amount of only EUR 2000 for the non-resident acquirer, whereas on the acquisition through inheritance a tax-free amount of EUR 500000 would apply if at the time of the inheritance the deceased person or acquirer had a permanent residence in the Member State concerned


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