Brussels, 20/12/2005 (Agence Europe) - The European Commission has decided to refer Sweden to the European Court of Justice for having applied discriminatory tax relief rules. According to Swedish tax law, capital gains made upon sale of an owner-occupied dwelling attracts tax relief only if the home sold is situated in Sweden and if the sales proceeds are reinvested in a replacement residence in Sweden. The Commission considers the refusal to grant tax relief when the home sold is located outside Sweden or when the proceeds of the sale are reinvested in the acquisition of a replacement residence in another Member State, for example, runs counter to the rules of the treaty and especially to the principles of the right to reside in other Member States, free movement of workers, freedom of establishment and the free movement of capital. The Commission, which considers that tax relief should apply without discrimination to all Swedish taxpayers - whether they buy a home in Sweden or in another Member State - had already sent a reasoned opinion (second stage in infringement procedure) to the Swedish authorities on 13 July this year, but the authorities have failed to comply. It has therefore been decided that the matter should be brought before the Court of Justice.