Judgment of the Court (Second Chamber) 16 May 2002 in Case C-508/99 (Reference for a preliminary ruling from the Verwaltungsgerichtshof): Palais am Stadtpark Hotelbetriebsgesellschaft mbH & Co. KG v Finanzlandesdirektion für Wien, Niederösterreich und Burgenland (Raising of capital — Directive 69/335/EEC — Scope of application — Limited partnership — Assignment of limited partner's share to a company with limited liability — Levy, after the assignment and the entry into force of the directive, of duty directly proportional to the amount of the contribution)
Date: 2002-07-13
Institutions: Court of Justice
Subjects: direct tax, interpretation of the law, share capital

13.7.2002

EN

Official Journal of the European Communities

C 169/5

of directors which they regard as contrary to the
guidelines for the country’s energy policy, including
the Government’s objectives concerning the coun-
try’s energy supply;

JUDGMENT OF THE COURT

(Second Chamber)

16 May 2002

— the provisions of the Royal Decree of 16 June 1994
vesting in the State a ‘golden share’ in Distrigaz (Moniteur
belge of 28 June 1994, p. 17347), which carries the
following rights:

in Case C-508/99 (Reference for a preliminary ruling
from the Verwaltungsgerichtshof): Palais am Stadtpark
Hotelbetriebsgesellschaft mbH & Co. KG v Finanzlandes-
direktion für Wien, Niederösterreich und Burgenland (1)

advance notice of any transfer, use as security or
change in the company’s strategic assets must be
given to the Minister responsible, who shall be
entitled to oppose such operations if he considers
that they adversely affect the national interest in the
energy field;

(Raising of capital — Directive 69/335/EEC — Scope of
application — Limited partnership — Assignment of limited
partner’s share to a company with limited liability — Levy,
after the assignment and the entry into force of the directive,
of duty directly proportional to the amount of the contri-
bution)

a)

b)

the Minister may appoint two representatives of the
Federal Government to the board of directors of the
company. Those representatives may propose to the
Minister the annulment of any decision of the board
of directors or of the management committee which
they regard as contrary to the guidelines for the
country’s energy policy,

and by failing to lay down precise, objective and stable criteria
for approval of, or opposition to, the operations referred to
above, the Kingdom of Belgium has failed to comply with its
obligations under Articles 52 of the EC Treaty (now, after
amendment, Article 43 EC) and 73b of the EC Treaty (now
Article 56 EC), the Court, composed of: G.C. Rodrı´guez
Iglesias, President, P. Jann (Rapporteur), N. Colneric and S. von
Bahr (Presidents of Chambers), C. Gulmann, D.A.O. Edward,
A. La Pergola,
J.-P. Puissochet, R. Schintgen, V. Skouris
and J.N. Cunha Rodrigues, Judges; D. Ruiz-Jarabo Colomer,
Advocate General; H.A. Rühl, Principal Administrator, for the
Registrar, has given a judgment on 4 June 2002, in which it:

1. Dismisses the application;

2. Orders the Commission of the European Communities to pay

the costs;

3. Orders the United Kingdom of Great Britain and Northern

Ireland to bear its own costs.

(1) OJ C 79 of 18.3.2000.

(2002/C 169/07)

(Language of the case: German)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-508/99: Reference to the Court under Article 234
EC by the Verwaltungsgerichtshof (Austria) for a preliminary
ruling in the proceedings pending before that court between
Palais am Stadtpark Hotelbetriebsgesellschaft mbH & Co. KG
and Finanzlandesdirektion für Wien, Niederösterreich und
Burgenland, on the interpretation 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 the Act concerning the conditions of accession
of the Kingdom of Norway, the Republic of Austria, the
Republic of Finland and the Kingdom of Sweden and the
adjustments to the Treaties on which the European Union is
founded (OJ 1994 C 241, p. 21, and OJ 1995 L 1, p. 1), the
Court (Second Chamber), composed of: N. Colneric, President
of the Chamber, R. Schintgen (Rapporteur) and V. Skouris,
Judges; A. Tizzano, Advocate General; R. Grass, Registrar, has
given a judgment on 16 May 2002, in which it has ruled:

The provisions of Council Directive 69/335/EEC of 17 July 1969
concerning indirect taxes on the raising of capital, as amended by the
Act concerning the conditions of Accession of the Kingdom of
Norway, the Republic of Austria, the Republic of Finland and the
Kingdom of Sweden and the adjustments to the Treaties on which the
European Union is founded must be interpreted as not precluding the
levy of capital duty upon the conversion of a partnership into a capital
company within the meaning of that directive, where, before the entry
into force of that directive, a duty such as that provided for in
Paragraph 33, item 16(1), point 1(b), of the Gebührengesetz has
already been levied on all the capital contributions made for the
acquisition of shares in the partnership.

(1) OJ C 79 of 18.3.2000.