Opinion of the Advocate General — ECLI:EU:C:2000:290
Date: 2000-05-25
Language of the case: Portuguese
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Taxation;Indirect taxation
Procedure: Reference for a preliminary ruling
Origin: Portugal

Summary of the Judgment 
1. Tax provisions — Harmonisation of laws — Indirect taxes on the raising of capital — 
Taxation for the purposes of Directive 69/335 — Meaning — Charges for registering 
an increase in the share capital of a capital company which contribute to the State 
budget — Included 
(Council Directive 69/335) 
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SUMMARY — CASE C-134/99 
2. Tax provisions — Harmonisation of laws — Indirect taxes on the raising of capital — 
Entry of an increase in the share capital of a capital company in a national register of 
legal persons — Essential formality — Levying of registration charges — Not 
permissible 
(Council Directive 69/335, Art. 10(c)) 
3. Tax provisions — Harmonisation of laws — Indirect taxes on the raising of capital — 
Entry of an increase in the share capital of a capital company in a national register of 
legal persons — Charges by way of fees or dues — Meaning — Charges in direct 
proportion to the share capital raised — Not covered 
(Council Directive 69/335, Art. 12(1)(e)) 
4. Tax provisions — Harmonisation of laws — Indirect taxes on the raising of capital — 
Directive 69/335 — Article 10 — Direct effect 
(Council Directive 69/335, Art. 10) 
1. Directive 69/335 concerning indirect 
taxes on the raising of capital must be 
interpreted as meaning that — in the 
light of the objectives pursued by it, in 
particular the abolition of indirect 
taxes having the same characteristics 
as capital duty — charges which are 
levied for entering an increase in the 
share capital of a capital company in a 
national register of legal persons and 
are paid to the State for the financing 
of its official business constitute a tax 
for the purposes of the directive. 
(see paras 19-21 and operative part 1) 
2. Charges payable for entering an 
increase in the share capital of a capital 
company in a national register of legal 
persons are, where they amount to a 
tax for the purposes of Directive 
69/335, in principle prohibited under 
Article 10(c) thereof, in so far as the 
entry of increases in share capital in the 
national register of legal persons is 
compulsory and therefore constitutes 
an essential formality connected with 
the legal form of the company, neces­
sary if the company is to carry on 
business. 
(see paras 24-25 and operative part 2) 
3. 'Fees or dues' within the meaning of 
Article 12(1)(e) of Directive 69/335 do 
not cover charges levied for entering an 
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increase in the share capital of a capital 
company in a national register of legal 
persons, the amount of which increases 
in direct proportion to the share capital 
raised and in respect of which there is 
no upper limit. 
(see para. 35 and operative part 3) 
4. Article 10 of Directive 69/335 creates 
rights on which individuals may rely in 
proceedings before the national courts. 
The prohibition laid down in that 
provision is expressed in sufficiently 
precise and unconditional terms to be 
relied upon by individuals in the 
national courts in order to contest a 
provision of national law which is 
contrary to the directive. 
(see paras 37-38 and operative part 4) 
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