Case C-436/06: Judgment of the Court (Second Chamber) of 18 December 2007 (Reference for a preliminary ruling from the Finanzgericht Hamburg — Germany) — Per Grønfeldt and Tatiana Grønfeldt v Finanzamt Hamburg — Am Tierpark (Free movement of capital — Taxation — Income tax — National legislation concerning the taxation of profits made from the sale of shareholdings (shares) in limited companies)
Date: 2007-12-18
Institutions: Court of Justice
Subjects: company with share capital, free movement of capital, interpretation of the law, profit, shareholding, tax on investment income

23.2.2008

EN

Official Journal of the European Union

C 51/23

Judgment of the Court (Second Chamber) of 18 Decem-
ber 2007 (Reference for a preliminary ruling from the
Finanzgericht Hamburg — Germany) — Per Grønfeldt and
Tatiana Grønfeldt v Finanzamt Hamburg — Am Tierpark

Judgment of the Court (Second Chamber) of 13 Decem-
ber 2007 (reference for a preliminary ruling from the
Bundesgerichtshof (Germany)) — FBTO Schadeverzeker-
ingen NV v Jack Odenbreit

(Case C-436/06) (1)

(Case C-463/06) (1)

(Free movement of capital — Taxation — Income tax —
National legislation concerning the taxation of profits made
from the sale of shareholdings (shares) in limited companies)

(2008/C 51/36)

Language of the case: German

(Regulation (EC) No 44/2001 — Jurisdiction in matters
relating to insurance — Liability insurance — Action brought
by the injured party directly against the insurer — Rule of
jurisdiction of the courts for the place where the plaintiff is
domiciled)

(2008/C 51/37)

Language of the case: German

Referring court

Finanzgericht Hamburg

Parties to the main proceedings

Applicants: Per Grønfeldt and Tatiana Grønfeldt

Defendant: Finanzamt Hamburg — Am Tierpark

Re:

Reference for a preliminary ruling — Finanzgericht Hamburg —
Interpretation of Article 56 EC — Tax on the profits made from
the sale of shares in limited companies — National legislation
making taxation conditional upon a shareholding of at least
10 % if the company concerned is subject to unlimited corpora-
tion tax in the Member State, but conditional upon a share-
holding of at least 1 % if the company concerned is established
in another Member State

Operative part of the judgment

Article 56 EC is to be interpreted as precluding the legislation of a
Member State, such as that at issue in the main proceedings, by which
the profits from a sale of shares in 2001 in a limited company estab-
lished in another Member State are immediately taxable where the
seller had held, either directly or indirectly, a share of at least 1 % of
the company's capital within the previous five years, whereas the profits
in a
from the sale of shares in 2001,
limited company established in that first Member State subject
to
unlimited corporation tax were subject to tax only in the case of a
substantial shareholding of at least 10 %.

in the same circumstances,

Referring court

Bundesgerichtshof

Parties to the main proceedings

Applicant: FBTO Schadeverzekeringen NV

Defendant: Jack Odenbreit

Re:

Reference for a preliminary ruling — Bundesgerichtshof —
Interpretation of Articles 9(1)(b) and 11(2) of Council Regu-
lation (EC) No 44/2001 of 22 December 2000 on jurisdiction
and the recognition and enforcement of judgments in civil and
commercial matters (OJ 2001 L 12, p. 1) — Legal proceedings
against the civil liability insurance provider in the Member State
in which the injured party is domiciled — Beneficiary of insur-
ance

Operative part of the judgment

reference

in Article 11(2)

The
of Council Regulation (EC)
No 44/2001 of 22 December 2000 on jurisdiction and the recogni-
tion and enforcement of judgments in civil and commercial matters to
Article 9(1)(b) of that regulation is to be interpreted as meaning that
the injured party may bring an action directly against the insurer before
the courts for the place in a Member State where that injured party is
domiciled, provided that such a direct action is permitted and the
insurer is domiciled in a Member State.

(1) OJ C 326, 30.12.2006.

(1) OJ C 326, 30.12.2006.