CELEX: C2005/217/27
Language: en
Date: 2005-09-03 00:00:00
Title: Judgment of the Court (First Chamber) of 26 May 2005 in Case C-465/03: Reference for a preliminary ruling from the Unabhängiger Finanzsenat, Außenstelle Linz Kretztechnik AG v Finanzamt Linz (Sixth VAT Directive — Supplies for consideration — Share issue — Admission of a company to a stock exchange — Deductibility of VAT)

3.9.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 217/14
            
         
      JUDGMENT OF THE COURT
   
   (First Chamber)
   of 26 May 2005
   in Case C-465/03: Reference for a preliminary ruling from the Unabhängiger Finanzsenat, Außenstelle Linz Kretztechnik AG v Finanzamt Linz (1)
   
   (Sixth VAT Directive - Supplies for consideration - Share issue - Admission of a company to a stock exchange - Deductibility of VAT)
   (2005/C 217/27)
   Language of the case: German
   In Case C-465/03: reference for a preliminary ruling under Article 234 EC from the Unabhängiger Finanzsenat, Außenstelle Linz (Austria), made by decision of 20 October 2003, received at the Court on 5 November 2003, in the proceedings between Kretztechnik AG and Finanzamt Linz, the Court (First Chamber), composed of P. Jann, President of the Chamber, K. Lenaerts (Rapporteur), J.N. Cunha Rodrigues, M. Ilešič and E. Levits, Judges; F.G. Jacobs, Advocate General; M.-F. Contet, Principal Administrator, for the Registrar, gave a judgment on 26 May 2005, the operative part of which is as follows:
   
               1.
            
            
               A new share issue does not constitute a transaction falling within the scope of Article 2(1) 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, as amended by Council Directive 95/7/EC of 10 April 1995.
            
         
               2.
            
            
               Article 17(1) and (2) of Sixth Directive 77/388, as amended by Directive 95/7, confer the right to deduct in its entirety the VAT charged on the expenses incurred by a taxable person for the various supplies acquired by him in connection with a share issue, provided that all the transactions undertaken by the taxable person in the context of his economic activity constitute taxed transactions.
            
         
      (1)  OJ C 47 of 21.02.2004.