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Skandia case represents another victory for cross-border pensions

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    Forsakringsaktiebolaget Skandia (publ) and another v Riksskatteverket [2003] All ER (D) 349 (Jun) ECJ (0 other reports)

Following the Danner case, the European Court of Justice (ECJ) has ruled that tax rules that penalise pension policies taken out with insurers in another member state are incompatible with EU law. In Försäkringsaktiebolaget Skandia (publ) and Ramstedt v Riksskatteverket (Case C-422/01), the ECJ holds that a provision under Swedish tax law that contributions to pension policies in another EU country are not tax deductible are contrary to Article 49 EC concerning the free movement of services and capital.

Mr Ramstedt, a Swedish citizen living in Sweden, was employed by Skandia, a Swedish company.