(Case C-245/19 Request for a preliminary ruling from the Cour administrative (Luxembourg) lodged on 20March 2019— State of the Grand Duchy of Luxembourg v B
Fecha: 07-Feb-2011
Request for a preliminary ruling from the Cour administrative (Luxembourg) lodged on 20March 2019— State of the Grand Duchy of Luxembourg v B
(Case C-245/19)
Language of the case: French
Referring court
Cour administrative
Parties to the main proceedings
Appellant: State of the Grand Duchy of Luxembourg
Respondent: B
Questions referred
Must Articles7, 8 and 52(1) of the Charter of Fundamental Rights of the European Union, whether or not read in conjunction with Article47 of that Charter, be interpreted as precluding national legislation of a Member State which, in the context of the procedure for the exchange of information on request established in particular with a view to the implementation of Council Directive 2011/16/EU of 15February 2011 on administrative cooperation in the field of taxation and repealing Directive 77/799/EEC,1 excludes any remedy, in particular a judicial remedy, on the part of a third party holding information to challenge a decision by which the competent authority of that Member State requires that third party to communicate information to it for the purposes of implementing a request for exchange of information received from another Member State?
If the answer to the first question is in the affirmative, must Article1(1) and Article5 of Directive 2011/16 be interpreted, if necessary taking account of the evolving nature of the interpretation of Article26 of the OECD Model Tax Convention, as meaning that a request for exchange of information, and a consequent information order from the competent authority of the requested Member State, satisfy the condition that there is not a manifest lack of foreseeable relevance where the requesting Member State states the identity of the taxpayer concerned, the period covered by the investigation in the requesting Member State and the identity of the holder of the information in question, while seeking information concerning contracts and the associated invoices and payments which are unspecified but which are defined by criteria concerning, first, the fact that the contracts were concluded by the identified holder of the information, secondly, their applicability to the tax years covered by the investigation by the authorities in the requesting State and, thirdly, their relationship with the identified taxpayer concerned?