In February 2015 the German Federal Ministry of Finance published a circular clarifying the procedure that allows an investor to provide sufficient information in order to avoid lump-sum taxation after the European Court of Justice (ECJ) ruled that the German lump-sum taxation of non-transparent foreign investment funds according to Sec. 6 GITA violates the free movement of capital (ECJ, decision dated 9 October 2014, “Van Caster” – C-326/12). In a recent update of said circular following another judgement of the ECJ (decision dated 21. May 2015, "Wagner-Raith" - C-560/13) the German Federal Ministry of Finance narrows down the scope of application for the procedure to avoid lump-sum taxation to EU- and EEA-funds only and leaving countries like the US in the rain.