Case C-48/07: Judgment of the Court (Fourth Chamber) of 22 December 2008 (reference for a preliminary ruling from the Cour d'appel de Liège — Belgium) — État belge — SPF Finances v Les Vergers du Vieux Tauves SA (Corporation taxes — Directive 90/435/EEC — Status of parent company — Capital holding — Holding of shares in usufruct)
Date: 2008-12-22
Institutions: Court of Justice
Subjects: corporation tax, interpretation of the law, parent company, subsidiary, tax exemption, tax on profits of self-employment, tax system

C 44/6

EN

Official Journal of the European Union

21.2.2009

Re:

Appeal against the judgment of the Court of First Instance (Fifth
Chamber) of 16 November 2006 in Case T-333/03 Masdar UK
Ltd v Commission of
the European Communities, dismissing as
unfounded an action for damages in respect of loss allegedly
suffered by the applicant following refusal by the Commission
for services which it claims to have provided in
to pay it
connection with two projects under the TACIS Programme in
Moldavia and Russia.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Masdar (UK) Ltd to pay the costs.

(1) OJ C 82, 14.4.2007.

Judgment of the Court (Fourth Chamber) of 22 December
2008 (reference for a preliminary ruling from the Cour
d'appel de Liège — Belgium) — État belge — SPF Finances
v Les Vergers du Vieux Tauves SA

(Case C-48/07) (1)

Meaning of holding in the capital of a subsidiary established in
another Member State — Whether holding a right of usufruct
over shareholdings is sufficient for tax exemption on dividends
received, or whether full ownership is needed.

Operative part of the judgment

The concept of a holding in the capital of a company of another
Member State, within the meaning of Article 3 of Council Directive
90/435/EEC of 23 July 1990 on the common system of taxation
applicable in the case of parent companies and subsidiaries of different
Member States, does not include the holding of shares in usufruct.

However, in compliance with the freedoms of movement guaranteed by
the EC Treaty, applicable to cross-border situations, when a Member
State, in order to avoid double taxation of received dividends, exempts
from tax both the dividends which a resident company receives from
another resident company in which it holds shares with full title and
those which a resident
resident
company receives
company in which it holds shares in usufruct, that Member State must
apply, for the purpose of exempting received dividends, the same treat-
ment to dividends received from a company established in another
Member State by a resident company holding shares with full title as
that which it applies to such dividends received by a resident company
which holds shares in usufruct.

from another

(1) OJ C 82, 14.4.2007.

(Corporation taxes — Directive 90/435/EEC — Status of
parent company — Capital holding — Holding of shares in
usufruct)

Judgment of the Court (Grand Chamber) of 16 December
2008 (reference for a preliminary ruling from the Korkein
hallinto-oikeus — Finland) — Tietosuojavaltuutettu v
Satakunnan Markkinapörssi Oy, Satamedia Oy

(2009/C 44/09)

Language of the case: French

Referring court

Cour d'appel de Liège

Parties to the main proceedings

Applicant: État belge — SPF Finances

Defendant: Les Vergers du Vieux Tauves SA

Re:

Reference for a preliminary ruling — Cour d'Appel de Liège —
Interpretation of Articles 3, 4 and 5 of Council Directive
90/435/EEC of 23 July 1990 on the common system of taxa-
tion applicable in the case of parent companies and subsidiary
companies of different Member States (OJ 1990 L 225, p. 6) —

(Case C-73/07) (1)

(Directive 95/46/EC — Scope — Processing and flow of tax
data of a personal nature — Protection of natural persons —
Freedom of expression)

(2009/C 44/10)

Language of the case: Finnish

Referring court

Korkein hallinto-oikeus

Parties to the main proceedings

Applicant: Tietosuojavaltuutettu

Defendants: Satakunnan Markkinapörssi Oy, Satamedia Oy