Belgium has been referred to the CJEU on grounds that its tax legislation which provides for different methods of assessing income from property constitutes an infringement of the free movement of capital.

Under Belgian tax law, income which a Belgian resident earns from property located abroad is assessed at a higher value than that from comparable property in Belgium. According to the Commission, Belgian law favours investments in certain properties in Belgium and penalises was sent by the Commission in March 2012 asking Belgium to amend its legislation. As the legislation was not amended Belgium has now been referred to the CJEU. See the European Commission website for details.