CELEX: 62006CA0436
Language: en
Date: 2007-12-18 00:00:00
Title: Case C-436/06: Judgment of the Court (Second Chamber) of 18 December 2007 (Reference for a preliminary ruling from the Finanzgericht Hamburg — Germany) — Per Grønfeldt and Tatiana Grønfeldt v Finanzamt Hamburg — Am Tierpark (Free movement of capital — Taxation — Income tax — National legislation concerning the taxation of profits made from the sale of shareholdings (shares) in limited companies)

23.2.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 51/23
            
         Judgment of the Court (Second Chamber) of 18 December 2007 (Reference for a preliminary ruling from the Finanzgericht Hamburg — Germany) — Per Grønfeldt and Tatiana Grønfeldt v Finanzamt Hamburg — Am Tierpark
   (Case C-436/06) (1)
   
   (Free movement of capital - Taxation - Income tax - National legislation concerning the taxation of profits made from the sale of shareholdings (shares) in limited companies)
   (2008/C 51/36)
   Language of the case: German
   Referring court
   Finanzgericht Hamburg
   Parties to the main proceedings
   
      Applicants: Per Grønfeldt and Tatiana Grønfeldt
   
      Defendant: Finanzamt Hamburg — Am Tierpark
   Re:
   Reference for a preliminary ruling — Finanzgericht Hamburg — Interpretation of Article 56 EC — Tax on the profits made from the sale of shares in limited companies — National legislation making taxation conditional upon a shareholding of at least 10 % if the company concerned is subject to unlimited corporation tax in the Member State, but conditional upon a shareholding of at least 1 % if the company concerned is established in another Member State
   Operative part of the judgment
   Article 56 EC is to be interpreted as precluding the legislation of a Member State, such as that at issue in the main proceedings, by which the profits from a sale of shares in 2001 in a limited company established in another Member State are immediately taxable where the seller had held, either directly or indirectly, a share of at least 1 % of the company's capital within the previous five years, whereas the profits from the sale of shares in 2001, in the same circumstances, in a limited company established in that first Member State subject to unlimited corporation tax were subject to tax only in the case of a substantial shareholding of at least 10 %.
   
      (1)  OJ C 326, 30.12.2006.