18The Commissione tributaria regionale di Torino also decided, in Case C-339/08, to stay the proceedings and to refer the following questions to the Court for a preliminary ruling:1. Does the withholding tax levied on the [adjustment surtax] constitute withholding tax on profits prohibited under Article 5(1) of [the Directive]?2. Does the safeguard clause referred to in Article 7(2) of [that] Directive apply? In particular must Article 7(2) of [the Directive] be interpreted as meaning that a Member State may decide not to apply the exemption referred to in Article 5(1) of the Directive where the State of residence of the parent company grants the latter a tax credit by virtue of a bilateral convention?’
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