CELEX: C2006/143/12
Language: en
Date: 2006-06-17 00:00:00
Title: Case C-46/04: Judgment of the Court (First Chamber) of  30 March 2006  (reference for a preliminary ruling from the Corte Suprema di Cassazione) — Aro Tubi Trafilerie SpA v Ministero dell'Economia e delle Finanze (Directive 69/335 — Indirect taxes on the raising of capital — National legislation providing for the charging, in the case of a  reverse  merger, of a proportional registration tax of 1 % of the value of such a transaction — Classification as capital duty — Increase in capital — Increase in the assets of the company — Increase in the value of shares — Provision of services by a member — Decision to merge made by the members of the member)

17.6.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 143/6
            
         Judgment of the Court (First Chamber) of 30 March 2006 (reference for a preliminary ruling from the Corte Suprema di Cassazione) — Aro Tubi Trafilerie SpA v Ministero dell'Economia e delle Finanze
   (Case C-46/04) (1)
   
   (Directive 69/335 - Indirect taxes on the raising of capital - National legislation providing for the charging, in the case of a ‘reverse’ merger, of a proportional registration tax of 1 % of the value of such a transaction - Classification as capital duty - Increase in capital - Increase in the assets of the company - Increase in the value of shares - Provision of services by a member - Decision to merge made by the members of the member)
   (2006/C 143/12)
   Language of the case: Italian
   Referring court
   Corte Suprema di Cassazione
   Parties to the main proceedings
   
      Applicant: Aro Tubi Trafilerie SpA
   
      Defendant: Ministero dell'Economia e delle Finanze
   Re:
   Reference for a preliminary ruling — Corte Suprema di Cassazione — Interpretation of Article 4 of Council Directive 69/335/EEC of 17 July 1969 concerning indirect taxes on the raising of capital (OJ 1969 L 249, p. 25), as amended by Council Directive 85/303/EEC of 10 June 1985 (OJ 1985 L 156, p. 23) — Indirect taxes on contributions of capital to capital companies — Merger of two companies where one holds all the shares in the other
   Operative part of the judgment
   In circumstances such as those at issue in the main proceedings, Council Directive 69/335/EEC of 17 July 1969 concerning indirect taxes on the raising of capital, as amended by Council Directives 73/80/EEC of 9 April 1973 fixing common rates of capital duty and 85/303/EEC of 10 June 1985, precludes the charging of a proportional registration duty of 1 % of the value of the transaction in the case of a 'reverse' merger, namely a merger by means of acquisition where all of the shares in the acquiring company are held by the company acquired.
   
      (1)  OJ C 94, 17.4.2004.