Judgment_paragraph 53 · European Commission v Hungary (C-78/18)

53In particular, that concept includes State measures which are discriminatory in nature in that they establish, directly or indirectly, a difference in treatment between domestic and cross-border movements of capital which does not correspond to an objective difference in circumstances (see, to that effect, judgments of 12 December 2006, Test Claimants in the FII Group Litigation, C‑446/04, EU:C:2006:774, paragraph 46, and of 16 July 2015, Commission v France, C‑485/14, not published, EU:C:2015:506, paragraphs 25 and 26), and which are therefore liable to deter natural or legal persons from other Member States or third countries from carrying out cross-border movements of capital.