# C_2005330EN.01000702.xml

| 24.12.2005 | EN | Official Journal of the European Union | C 330/7 |
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24.12.2005

EN

Official Journal of the European Union

C 330/7

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Reference for a preliminary ruling from the VAT and Duties Tribunals, London by Direction of that court of 19 September 2005 in 1) J.P. Morgan Fleming Claverhouse Investment Trust plc 2) The Association of Investment Trust Companies v Commissioners of HM Revenue and Customs

(Case C-363/05)

(2005/C 330/14)

Language of the case: English

Reference has been made to the Court of Justice of the European Communities by Direction of the VAT and Duties Tribunals, London, of 19 September 2005, received at the Court Registry on 26 September 2005, for a preliminary ruling in the proceedings between 1) J.P. Morgan Fleming Claverhouse Investment Trust plc 2) The Association of Investment Trust Companies and Commissioners of HM Revenue and Customs, on the following questions:

| 1. | Are the words ‘special investment funds’ in Article 13B(d)(6) of the Sixth Directive (1) capable of including closed-ended investment funds, such as ITCs? |
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1.

Are the words ‘special investment funds’ in Article 13B(d)(6) of the Sixth Directive (1) capable of including closed-ended investment funds, such as ITCs?

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| 2. | If the answer to the first question is in the affirmative, does the phrase ‘as defined by Member States’ in Article 13B(d)(6):






  a. | allow Member States to select certain of the ‘special investment funds’ within their jurisdiction to benefit from the exemption of the supply of management services and exclude others from the exemption, or |
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2.

If the answer to the first question is in the affirmative, does the phrase ‘as defined by Member States’ in Article 13B(d)(6):

a.

allow Member States to select certain of the ‘special investment funds’ within their jurisdiction to benefit from the exemption of the supply of management services and exclude others from the exemption, or

| b. | does it mean that the Member States are to identify those funds within their jurisdiction which fall within the definition of ‘special investment funds’ and that the benefit of exemption should extend to all such funds? |
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b.

does it mean that the Member States are to identify those funds within their jurisdiction which fall within the definition of ‘special investment funds’ and that the benefit of exemption should extend to all such funds?

| 3. | If the answer to the second question is that Member States can select which ‘special investment funds’ benefit from the exemption, how do the principles of fiscal neutrality, equal treatment and the prevention of distortion of competition affect the exercise of that discretion? |
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3.

If the answer to the second question is that Member States can select which ‘special investment funds’ benefit from the exemption, how do the principles of fiscal neutrality, equal treatment and the prevention of distortion of competition affect the exercise of that discretion?

| 4. | Does Article 13B(d)(6) have direct effect? |
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4.

Does Article 13B(d)(6) have direct effect?

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(1)  Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes – Common system of value added tax: uniform basis of assessment, OJ L 145, 13.06.1977, p. 1

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