# C_2004228EN.01000702.xml

| 11.9.2004 | EN | Official Journal of the European Union | C 228/7 |
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11.9.2004

EN

Official Journal of the European Union

C 228/7

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Second Chamber)

of 15 July 2004

in Case C-415/02: Commission of the European Communities v Kingdom of Belgium (1)

1

(Failure of a Member State to fulfil obligations - Indirect taxes - Directive 69/335/EEC - Raising of capital - Tax on stock exchange transactions - Tax on the delivery of bearer securities)

(2004/C 228/14)

Language of the case: French

In Case C-415/02: Commission of the European Communities (Agents: R. Lyal and C. Giolito) v Kingdom of Belgium (Agent: A. Snoecx assisted by B. van de Walle de Ghelcke, avocat) — application for a declaration that:

| — | by imposing the tax on stock exchange transactions on applications made in Belgium for new securities issued when a company or investment fund is being set up or following the completion of an increase in capital or as part of a loan issue, and |
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by imposing the tax on stock exchange transactions on applications made in Belgium for new securities issued when a company or investment fund is being set up or following the completion of an increase in capital or as part of a loan issue, and

| — | by imposing the tax on the delivery of bearer securities on the physical delivery of bearer securities relating to Belgian or foreign Government stocks, in the case of new securities issued when a company or investment fund is being set up or following the completion of an increase in capital or as part of a loan issue, |
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—

by imposing the tax on the delivery of bearer securities on the physical delivery of bearer securities relating to Belgian or foreign Government stocks, in the case of new securities issued when a company or investment fund is being set up or following the completion of an increase in capital or as part of a loan issue,

the Kingdom of Belgium has failed to fulfil its obligations under Article 11 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) — the Court (Second Chamber), composed of: C.W.A. Timmermans, President of the Chamber, C. Gulmann, R. Schintgen (Rapporteur), F. Macken and N. Colneric, Judges; Advocate General: A. Tizzano; for the Registrar: M.-F. Contet, Principal Administrator, gave a judgment on 15 July 2004, in which it:

| 1. | Declares that,
  by imposing the tax on stock exchange transactions on applications made in Belgium for new securities issued when a company or investment fund is being set up or following the completion of an increase in capital or as part of a loan issue, and
  by imposing the tax on the delivery of bearer securities on the physical delivery of bearer securities relating to Belgian or foreign Government stocks, in the case of new securities issued when a company or investment fund is being set up or following the completion of an increase in capital or as part of a loan issue,
  the Kingdom of Belgium has failed to fulfil its obligations under Article 11 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; |
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1.

Declares that,

by imposing the tax on stock exchange transactions on applications made in Belgium for new securities issued when a company or investment fund is being set up or following the completion of an increase in capital or as part of a loan issue, and

by imposing the tax on the delivery of bearer securities on the physical delivery of bearer securities relating to Belgian or foreign Government stocks, in the case of new securities issued when a company or investment fund is being set up or following the completion of an increase in capital or as part of a loan issue,

the Kingdom of Belgium has failed to fulfil its obligations under Article 11 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;

| 2. | Orders the Kingdom of Belgium to pay the costs. |
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2.

Orders the Kingdom of Belgium to pay the costs.

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(1)  OJ C 19 of 25.1.2003.

1

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