Case C-169/04: Judgment of the Court (Third Chamber) of  4 May 2006  (reference for a preliminary ruling from the VAT and Duties Tribunal, London — United Kingdom) — Abbey National plc (with the Inscape Investment Fund as joined party) v Commissioners of Customs & Excise (Sixth VAT Directive — Article 13B(d)(6) — Management of special investment funds — Exemption — Meaning of  management  — Functions of a depositary — Delegation of administrative management function)
Date: 2006-07-15
Institutions: Court of Justice
Subjects: interpretation of the law, investment company, management, securities, tax exemption

C 165/4

EN

Official Journal of the European Union

15.7.2006

Defendant: United Kingdom of Great Britain and Northern
Ireland (represented by: K. Manji, and subsequently by M.
Bethell, Agents, and by P. Sales and J. Maurici, Barristers)

Re:

Infringement of Article 2(1) and Article 4 of Council Directive
85/337/EEC of 27 June 1985 on the assessment of the effects
of certain public and private projects on the environment (OJ
1985 L 175, p. 40), as amended by Directive 97/11/EC of 3
March 1997 (OJ 1997 L 73, p. 5) — Consent given without
assessment

Operative part of the judgment

The Court:

1. Dismisses the action as inadmissible;

2. Orders the Commission of the European Communities to pay the

costs

(1) OJ C 106, 30.4.2004.

Directive 77/388/EEC of 17 May 1977 on the harmonisation
of the laws of the Member States relating to turnover taxes —
Common system of value added tax: uniform basis of assess-
ment (OJ 1977 L 145, p. 1) — Exemption for management of
special investment funds — Scope

Operative part of the judgment

1. The concept of ‘management’ of special investment funds in Article
13B(d)(6) of Sixth Council Directive 77/388/EEC of 17 May
1977 on the harmonisation of the laws of the Member States
relating to turnover taxes — Common system of value added tax:
uniform basis of assessment has its own independent meaning in
Community law whose content the Member States may not alter.

2. Article 13B(d)(6) of Sixth Directive 77/388 is to be interpreted
as meaning that the concept of ‘management of special investment
funds’ referred to in that provision covers the services performed by
a third-party manager in respect of the administrative manage-
ment of the funds, if, viewed broadly, they form a distinct whole,
and are specific to, and essential for, the management of those
funds.

On the other hand, services corresponding to the functions of a
depositary, such as those set out in Articles 7(1) and (3) and
14(1) and (3) of Council Directive 85/611/EEC of 20 December
1985 on the coordination of laws, regulations and administrative
provisions relating to undertakings for collective investment
in
transferable securities (UCITS), are not covered by that concept.

Judgment of the Court (Third Chamber) of 4 May 2006
(reference for a preliminary ruling from the VAT and
Duties Tribunal, London — United Kingdom) — Abbey
National plc (with the Inscape Investment Fund as joined
party) v Commissioners of Customs & Excise

(Case C-169/04) (1)

(1) OJ C 146, 29.05.2004.

(Sixth VAT Directive — Article 13B(d)(6) — Management
of special investment funds — Exemption — Meaning of
‘management’ — Functions of a depositary — Delegation of
administrative management function)

Judgment of the Court (Second Chamber) of 18 May 2006
— Commission of the European Communities v Kingdom
of Spain

(2006/C 165/07)

Language of the case: English

Referring court

VAT and Duties Tribunal, London

Parties to the main proceedings

(Case C-221/04) (1)

(Failure by a Member State to fulfil obligations — Directive
92/43/EEC — Conservation of natural habitats and of wild
fauna and flora — Protection of species — Hunting using
stopped snares in private hunting areas — Castilla y León)

(2006/C 165/08)

Language of the case: Spanish

Applicants: Abbey National plc (with the Inscape Investment
Fund as joined party)

Defendants: Commissioners of Customs & Excise

Parties

Re:

Applicant: Commission of the European Communities (repre-
sented by: G. Valero Jordana and M. van Beek, Agents)

Reference for a preliminary ruling — VAT and Duties Tribunal,
London — Interpretation of Article 13B(d)(6) of Sixth Council

Defendant: Kingdom of Spain (represented by: F. Díez Moreno,
Agent)