CELEX: C2007/155/11
Language: en
Date: 2007-07-07 00:00:00
Title: Case C-492/04: Order of the Court (Fourth Chamber) of 10 May 2007 (reference for a preliminary ruling from the Finanzgericht Baden-Württemberg (Germany)) — Lasertec Gesellschaft für Stanzformen mbH v Finanzamt Emmendingen (Article 104(3), first subparagraph, of the Rules of Procedure — Free movement of capital — Freedom of establishment — Taxation — Corporation tax — Loan agreement between companies — Resident borrowing company — Shareholder lending company established in a non-member country — Meaning of substantial holding — Payment of loan interest — Classification — Covert distribution of profits)

7.7.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 155/7
            
         Order of the Court (Fourth Chamber) of 10 May 2007 (reference for a preliminary ruling from the Finanzgericht Baden-Württemberg (Germany)) — Lasertec Gesellschaft für Stanzformen mbH v Finanzamt Emmendingen
   (Case C-492/04) (1)
   
   (Article 104(3), first subparagraph, of the Rules of Procedure - Free movement of capital - Freedom of establishment - Taxation - Corporation tax - Loan agreement between companies - Resident borrowing company - Shareholder lending company established in a non-member country - Meaning of ‘substantial holding’ - Payment of loan interest - Classification - Covert distribution of profits)
   (2007/C 155/11)
   Language of the case: German
   Referring court
   Finanzgericht Baden-Württemberg
   Parties
   
      Applicant: Lasertec Gesellschaft für Stanzformen mbH
   
      Defendant: Finanzamt Emmendingen
   Re:
   Reference for a preliminary ruling — Finanzgericht Baden-Württemberg — Interpretation of Articles 56(1) EC, 57(1) EC and 58 EC — National tax legislation — Tax on profits of companies — Taxation as a covert distribution of profits of the interest paid by a national company on loan capital from a shareholder company established in a non-member country
   Operative part of the order
   A national measure in accordance with which the loan interest paid by a resident capital company to a non-resident shareholder who has a substantial holding in the capital of that company is, under certain conditions, regarded as a covert distribution of profits, taxable in the hands of the resident borrowing company, primarily affects freedom of establishment within the meaning of Article 43 EC et seq. Those provisions cannot be relied on in a situation involving a company in a non-member country.
   
      (1)  OJ C 31, 5.2.2005.