Judgment_paragraph 50 · College Pension Plan of British Columbia v Finanzamt München Abteilung III (C-641/17)

50The application to dividends paid to non-resident pension funds of a tax burden heavier than that borne by resident pension funds in respect of the same dividends constitutes such less favourable treatment (see, to that effect, judgment of 17 September 2015, Miljoen and Others, C‑10/14, C‑14/14 and C‑17/14, EU:C:2015:608, paragraph 48). The same applies to the total or substantial exemption of dividends paid to a resident pension fund, whereas dividends paid to a non-resident pension fund are subject to a definitive withholding tax (see, to that effect, judgment of 8 November 2012, Commission v Finland, C‑342/10, EU:C:2012:688, paragraphs 32 and 33).