The CJEU Santander case

The Santander case looks at withholding tax on cross-border dividends, a subject that has come before the Court on many occasions in the past and there are a number of decisions confirming that such withholding tax is unlawful within the EU/EEA. However, the reason the case is so significant is because two of the claimants were US funds and this is the first time the CJEU has been asked to accept such a claim by a non-EU fund. The wider implications of this decision on third country claims are potentially very far reaching.