The ECJ's judgement in OESF : is horizontal discrimination a threat to the internal market?

In its May 2008 judgment in Orange European Smallcap Fund (OESF), the European Court of Justice held that the Dutch restrictions on the relief for the foreign dividend withholding taxes granted to Dutch investment funds are in partial violation of the free movement of capital guaranteed by the EC Treaty. This article describes the ECJ's judgment in OESF and its impact on Dutch legislation. The article also considers the consequences of the judgment for the discussion of horizontal discrimination.