CELEX: 62008CN0102
Language: en
Date: 2008-03-05 00:00:00
Title: Case C-102/08: Reference for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 5 March 2008 — SALIX Grundstücks-Vermietungsgesellschaft mbH & Co. Objekt Offenbach KG v Finanzamt Düsseldorf-Süd

7.6.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 142/12
            
         Reference for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 5 March 2008 — SALIX Grundstücks-Vermietungsgesellschaft mbH & Co. Objekt Offenbach KG v Finanzamt Düsseldorf-Süd
   (Case C-102/08)
   (2008/C 142/19)
   Language of the case: German
   Referring court
   Bundesfinanzhof
   Parties to the main proceedings
   
      Applicant: SALIX Grundstücks-Vermietungsgesellschaft mbH & Co. Objekt Offenbach KG
   
      Defendant: Finanzamt Düsseldorf-Süd
   Questions referred
   
               1.
            
            
               May the Member States ‘treat’ activities of States, regional and local government authorities and other bodies governed by public law which are exempt from tax under Article 13 of the Sixth Council Directive of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes (77/388/EEC) as activities in which they engage as public authorities within the meaning of the fourth subparagraph of Article 4(5) of the Sixth Council Directive of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes (Directive 77/388/EEC) (1) only where the Member States make express legal provision to that effect?
            
         
               2.
            
            
               Can ‘significant distortions of competition’ within the meaning of the fourth subparagraph in conjunction with the second subparagraph of Article 4(5) of the Sixth Council Directive of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes exist only where treatment of a body governed by public law as a non-taxable person would lead to significant distortions of competition to the detriment of competing private taxable persons or also where treatment of a body governed by public law as a non-taxable person would lead to significant distortions of competition to its detriment?
            
         
      (1)  OJ 1977 L 145, p. 1.