Opinion of the Advocate General — ECLI:EU:C:2002:29
Date: 2002-01-17
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Taxation;Indirect taxation
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment 
Tax provisions — Harmonisation of laws — Indirect taxes on the raising of capital — 
Grant of an interest-free loan to a company by its members where they are a party to a 
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SUMMARY — CASE C-392/00 
profit and loss transfer agreement with that company — Whether capital duty payable on 
interest saved — Condition of permissibility — Durable increase in the company's 
assets — Determination by the national court 
(Council Directive 69/335, Art. 4(2)(b)) 
Article 4(2)(b) of Directive 69/335 concern­
ing indirect taxes on the raising of capital 
must be interpreted as not precluding the 
charging of capital duty on the amount of 
interest saved by a company by virtue of an 
interest-free loan granted to it by its 
members where a profit and loss transfer 
agreement was entered into by the 
members and the company before the loan 
was granted, if the interest thereby saved 
has durably increased the company's assets. 
It is for the national court to determine, in 
the light of all the characteristics of the 
transaction at issue, whether, and if so to 
what extent, the interest saved has in fact 
had that effect. 
(see para. 25, operative part) 
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