CELEX: 62011CA0275
Language: en
Date: 2013-03-07 00:00:00
Title: Case C-275/11: Judgment of the Court (First Chamber) of 7 March 2013 (request for a preliminary ruling from the Bundesfinanzhof — Germany) — GfBk Gesellschaft für Börsenkommunikation mbH v Finanzamt Bayreuth (Taxation — Value added tax — Directive 77/388/EEC — Exemption of the management of special investment funds — Scope)

27.4.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 123/3
            
         Judgment of the Court (First Chamber) of 7 March 2013 (request for a preliminary ruling from the Bundesfinanzhof — Germany) — GfBk Gesellschaft für Börsenkommunikation mbH v Finanzamt Bayreuth
   (Case C-275/11) (1)
   
   (Taxation - Value added tax - Directive 77/388/EEC - Exemption of the management of special investment funds - Scope)
   2013/C 123/04
   Language of the case: German
   
      Referring court
   
   Bundesfinanzhof
   
      Parties to the main proceedings
   
   
      Applicant: GfBk Gesellschaft für Börsenkommunikation mbH
   
      Defendant: Finanzamt Bayreuth
   
      Re:
   
   Request for a preliminary ruling — Bundesfinanzhof — Interpretation of 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 (OJ 1977 L 145, p. 1) — Exemption of the management of special investment funds — Scope
   
      Operative part of the judgment
   
   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 must be interpreted as meaning that advisory services concerning investment in transferable securities, provided by a third party to an investment management company which is the manager of a special investment fund, fall within the concept of ‘management of special investment funds’ for the purposes of the exemption laid down in that provision, even if the third party has not acted on the basis of a mandate within the meaning of Article 5g 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) as amended by Directive 2001/107/EC of the European Parliament and of the Council of 21 January 2002.
   
      (1)  OJ C 269, 10.9.2011.