42However, unequal treatment permitted under Article 58(1 )(a) EC must be distinguished from arbitrary discrimination, which is prohibited under Article 58 (3) EC. According to case-law, a national provision such as that at issue in the main proceedings could be regarded as compatible with the provisions of the Treaty on the free movement of capital provided that the difference in treatment applies to situations which are not objectively comparable or is justified by overriding reasons in the general interest (Case C-35/98 Verkooijen [2000] ECR I-4071, paragraph 43, and Case C-319/02 Manninen [2004] ECR I-7477, paragraphs 28 and 29).
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