Opinion of the Advocate General — ECLI:EU:C:1999:404
Date: 1999-09-09
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Taxation;Indirect taxation
Procedure: Reference for a preliminary ruling
Origin: Greece

Summary of the Judgment 
Tax provisions — Harmonisation of laws — Indirect taxes on the raising of capital — 
Capital duty levied on capital companies — Capitalisation of undistributed profits — 
Exempted from capital duty by a Member State at the time of transposing Directive 
69/335 into national law — Made subject to another tax — Not permissible 
(Council Directive 69/335, Arts 4, 7(1) and (10)(a)) 
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SUMMARY — CASE C-350/98 
Directive 69/335 concerning indirect taxes 
on the raising of capital is to be interpreted 
as preventing a Member State — where it 
has exempted from capital duty increases in 
the capital of a capital company by capita­
lisation of profits or of permanent or 
temporary reserves — from levying a tax 
on the capitalisation by a capital company 
of undistributed profits. 
In accordance with Article 10(a) of Direc­
tive 69/335, the Member States may not 
charge any taxes whatsoever, apart from 
capital duty, in respect of the transactions 
referred to in Article 4, such as increases in 
the capital of a capital company by capita­
lisation of profits or of permanent or 
temporary reserves. 
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