# C_2022389EN.01000301.xml

| 10.10.2022 | EN | Official Journal of the European Union | C 389/3 |
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10.10.2022

EN

Official Journal of the European Union

C 389/3

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Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD) (Portugal) lodged on 21 June 2022 — EDP — Energias de Portugal, S.A. v Autoridade Tributária e Aduaneira

(Case C-416/22)

(2022/C 389/04)

Language of the case: Portuguese

Referring court

Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD)

Parties to the main proceedings

Applicant: EDP — Energias de Portugal, S.A.

Defendant: Autoridade Tributária e Aduaneira

Questions referred

| 1. | Must transactions involving (i) an offer for the cash purchase of debentures, (ii) the issue of debentures and (iii) a public offer for subscription of shares be considered ‘overall transactions’ within the meaning of the case-law of the Court of Justice resulting from the judgments in Isabele Gielen (C-299/13) (1) and Air Berlin (C-573/16)? (2) |
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1.

Must transactions involving (i) an offer for the cash purchase of debentures, (ii) the issue of debentures and (iii) a public offer for subscription of shares be considered ‘overall transactions’ within the meaning of the case-law of the Court of Justice resulting from the judgments in Isabele Gielen (C-299/13) (1) and Air Berlin (C-573/16)? (2)

| 2. | Must the expression ‘formalities relating thereto’, used in Article 5(2)(b) of Council Directive 2008/7/EC of 12 February 2008, (3) be interpreted as covering the purchase of financial intermediation services that are ancillary to transactions involving (i) an offer for the cash purchase of debentures, (ii) the issue of debentures and (iii) a public offer for subscription of shares? |
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2.

Must the expression ‘formalities relating thereto’, used in Article 5(2)(b) of Council Directive 2008/7/EC of 12 February 2008, (3) be interpreted as covering the purchase of financial intermediation services that are ancillary to transactions involving (i) an offer for the cash purchase of debentures, (ii) the issue of debentures and (iii) a public offer for subscription of shares?

| 3. | Can Article 5(2)(b) of Council Directive 2008/7/EC of 12 February 2008 be interpreted as precluding the levying of stamp duty on fees charged for financial intermediation services provided by a bank in relation to (i) the repurchase of debt securities, (ii) the issue and placing on the market of negotiable securities and (iii) the increase of capital through a public subscription of the shares issued, where such services include the obligation to identify and contact investors in order to distribute transferrable securities, receive subscription or purchase orders and, in some cases, purchase the transferrable securities to which the offer relates? |
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3.

Can Article 5(2)(b) of Council Directive 2008/7/EC of 12 February 2008 be interpreted as precluding the levying of stamp duty on fees charged for financial intermediation services provided by a bank in relation to (i) the repurchase of debt securities, (ii) the issue and placing on the market of negotiable securities and (iii) the increase of capital through a public subscription of the shares issued, where such services include the obligation to identify and contact investors in order to distribute transferrable securities, receive subscription or purchase orders and, in some cases, purchase the transferrable securities to which the offer relates?

| 4. | Must the above questions be answered differently depending on whether the provision of financial services is required by law or optional? |
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4.

Must the above questions be answered differently depending on whether the provision of financial services is required by law or optional?

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(1)  EU:C:2014:2266.

(2)  EU:C:2017:772.

(3)  Council Directive 2008/7/EC of 12 February 2008 concerning indirect taxes on the raising of capital (OJ 2008 L 46, p. 11).

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