28Specifically, the less favourable treatment by a Member State of dividends paid to non-resident pension funds, compared to the treatment of dividends paid to resident pension funds, is liable to deter companies established in a Member State other than that first Member State from pursuing investments in that same first Member State and, consequently, amounts to a restriction of the free movement of capital, prohibited, in principle, under Article 63 TFEU (see judgment of 8 November 2012 in Commission v Finland, C‑342/10, EU:C:2012:688, paragraph 33, and 22 November 2012 in Commission v Germany, C‑600/10, not published, EU:C:2012:737, paragraph 15).
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