CELEX: C2007/315/27
Language: en
Date: 2007-12-22 00:00:00
Title: Case C-240/06: Judgment of the Court (First Chamber) of 25 October 2007 (reference for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — Fortum Project Finance SA (Article 56(1) EC — Directive 69/335/EEC — Article 12(1)(a) and (c) — Exception to the prohibition on double taxation of contributions of capital — Contribution of capital in the form of shares to a company established in another Member State — Exchange of shares — Capital transfer tax)

22.12.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 315/17
            
         Judgment of the Court (First Chamber) of 25 October 2007 (reference for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — Fortum Project Finance SA
   (Case C-240/06) (1)
   
   (Article 56(1) EC - Directive 69/335/EEC - Article 12(1)(a) and (c) - Exception to the prohibition on double taxation of contributions of capital - Contribution of capital in the form of shares to a company established in another Member State - Exchange of shares - Capital transfer tax)
   (2007/C 315/27)
   Language of the case: Finnish
   Referring court
   Korkein hallinto-oikeus
   Parties to the main proceedings
   
      Applicant: Fortum Project Finance SA
   Re:
   Reference for a preliminary ruling — Korkein hallinto-oikeus — Interpretation of Article 56 EC and Article 12(1)(c) of Council Directive 69/335/EEC of 17 July 1969 concerning indirect taxes on the raising of capital (OJ, English Special Edition 1969(II), p. 412) — Derogation from the prohibition of double taxation concerning tax on capital contributions — Contribution in the form of securities to a company established in another Member State — Share transfer tax
   Operative part of the judgment
   Council Directive 69/335/EEC of 17 July 1969 concerning indirect taxes on the raising of capital, as amended by Council Directive 85/303/EEC of 10 June 1985, must be interpreted as meaning that Article 12(1)(c) does not apply to the charging of a duty, such as Finnish capital transfer tax (varainsiirtovero), where securities are transferred as a contribution to a capital company which gives new shares of its own as consideration for that transfer. Article 12(1)(a) of the directive allows such a duty to be charged.
   
      (1)  OJ C 178, 29.7.2006.