CELEX: C2005/031/07
Language: en
Date: 2005-02-05 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 9 December 2004 in Case C-219/03: Commission of the European Communities v Kingdom of Spain (Failure by a Member State to fulfil its obligations — Tax on capital gains)

5.2.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 31/3
            
         
      JUDGMENT OF THE COURT
   
   (Sixth Chamber)
   of 9 December 2004
   in Case C-219/03: Commission of the European Communities v Kingdom of Spain (1)
   
   (Failure by a Member State to fulfil its obligations - Tax on capital gains)
   (2005/C 31/07)
   Language of the case: Spanish
   In Case C-219/03 the Commission of the European Communities (Agents: M. Diaz-Llanos La Roche and L. Escobar Guerrero) v Kingdom of Spain (Agents: L. Fraguas Gadea) –action under Article 226 EC for failure to fulfil obligations, brought on 19 May 2003 – the Court (Sixth Chamber), composed of: A. Borg Barthet, President of the Chamber, J.-P. Puissochet, (Rapporteur) and S. von Bahr, Judges; J. Kokott, Advocate General; R. Grass, Registrar, gave a judgment on 9 December 2004, in which it:
   
               1.
            
            
               Declares that, with regard to the tax on capital gains made since 1 January 1997 on transfers of shares purchased prior to 31 December 1994, by maintaining in force a tax regime which is less favourable to shares quoted on markets other than Spanish regulated markets than to shares quoted on the latter markets, the Kingdom of Spain has failed to fulfil its obligations under Articles 49 EC and 56 EC and the corresponding Articles 36 and 40 of the Agreement on the European Economic Area.
            
         
               2.
            
            
               Orders the Kingdom of Spain to pay the costs.
            
         
      (1)  OJ C 184 of 2.8.2003.