# C_2007183EN.01000602.xml

| 4.8.2007 | EN | Official Journal of the European Union | C 183/6 |
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4.8.2007

EN

Official Journal of the European Union

C 183/6

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Judgment of the Court (Fourth Chamber) of 21 June 2007 (reference for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — Optimus — Telecomunicações SA v Fazenda Pública

(Case C-366/05) (1)

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(Indirect taxes on the raising of capital - Directive 69/335/EEC, as amended by Directive 85/303/EEC - Article 7(1) - Capital duty - Exemption - Conditions - Situation as at 1 July 1984)

(2007/C 183/10)

Language of the case: Portuguese

Referring court

Supremo Tribunal Administrativo

Parties to the main proceedings

Applicant: Optimus — Telecomunicações SA

Applicant:

Defendant: Fazenda Pública

Defendant:

Intervener: Ministério Público

Intervener

Re:

Preliminary ruling — Supremo Tribunal Administrativo — Interpretation of Article 4(2), Article 7(1), Article 8 and Article 10 of Council Directive 69/335/EEC of 17 July 1969 concerning indirect taxes on the raising of capital (OJ English Special Edition 1969 II, p. 412) as amended by Council Directive 85/303/EEC of 10 June 1985 (OJ 1985 L 156, p. 23) — Stamp duty levied on an increase of capital of a public limited company, paid up in cash, even though as at 1 July 1984 transactions of that kind were exempt from such duty

Operative part of the judgment

| 1. | In the case of a State such as the Portuguese Republic, which acceded to the European Communities with effect from 1 January 1986, in the absence of derogating provisions in the Act of Accession of that State or in another Community document, Article 7(1) of Council Directive 69/335/EEC of 17 July 1969 concerning indirect taxes on the raising of capital, as amended by Council Directive 85/303/EEC of 10 June 1985, must be interpreted to mean that the mandatory exemption for which it provides applies to all transactions falling within the scope of Directive 69/335 which, on 1 July 1984, were exempted, in that State, from capital duty or which were subject to that duty at a reduced rate of 0.50 % or less. |
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1.

In the case of a State such as the Portuguese Republic, which acceded to the European Communities with effect from 1 January 1986, in the absence of derogating provisions in the Act of Accession of that State or in another Community document, Article 7(1) of Council Directive 69/335/EEC of 17 July 1969 concerning indirect taxes on the raising of capital, as amended by Council Directive 85/303/EEC of 10 June 1985, must be interpreted to mean that the mandatory exemption for which it provides applies to all transactions falling within the scope of Directive 69/335 which, on 1 July 1984, were exempted, in that State, from capital duty or which were subject to that duty at a reduced rate of 0.50 % or less.

| 2. | In the case of a State such as the Portuguese Republic, which acceded to the European Communities with effect from 1 January 1986, Articles 7(1) and 10 of Directive 69/335, as amended by Directive 85/303, prohibit the introduction, after 1 January 1986, of stamp duty on a transaction increasing share capital falling within the scope of Directive 69/335 which, on 1 July 1984, was exempted from that duty under national law. |
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2.

In the case of a State such as the Portuguese Republic, which acceded to the European Communities with effect from 1 January 1986, Articles 7(1) and 10 of Directive 69/335, as amended by Directive 85/303, prohibit the introduction, after 1 January 1986, of stamp duty on a transaction increasing share capital falling within the scope of Directive 69/335 which, on 1 July 1984, was exempted from that duty under national law.

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(1)  OJ C 330, 24.12.2005.

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