ECJ: Cobelfret extended to domestic situations and potentially to dividends received from third countries

On 4 June 2009, the European Court of Justice (ECJ) gave its order in the joined cases Belgische Staat v. KBC Bank NV and Beleggen, Risicokapitaal, Beheer NV v. Belgian state (C-439/07 and C-499/07). References for a preliminary ruling were made by Brussels Court of Appeal (Hof van Beroep Brussel) on13 September 2007 and by the Court of First Instance Bruges (Gerecht van eerste aanleg Brugge) on 16 November 2007.

The ECJ held that the first indent of Art. 4(1) of the Pa…