39However, national legislation which applies without distinction to resident and non-resident operators may constitute a restriction on the free movement of capital. Indeed, it follows from the Court’s case-law that even a differentiation based on objective criteria may de facto disadvantage cross-border situations (judgment of 30 January 2020, Köln-Aktienfonds Deka, C‑156/17, EU:C:2020:51, paragraph 55 and the case-law cited).
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