CELEX: 62011CA0371
Language: en
Date: 2012-10-18 00:00:00
Title: Case C-371/11: Judgment of the Court (Seventh Chamber) of 18 October 2012 (reference for a preliminary ruling from the Hof van Beroep te Gent — Belgium) — Punch Graphix Prepress Belgium NV v Belgische Staat (Reference for a preliminary ruling — Admissibility — Reference by domestic law to European Union law — Directive 90/435/EEC — Directive 90/434/EEC — Prevention of economic double taxation — Exception — Liquidation of a subsidiary upon a merger — Distribution of profits — Concept of ‘liquidation’ )

8.12.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 379/10
            
         Judgment of the Court (Seventh Chamber) of 18 October 2012 (reference for a preliminary ruling from the Hof van Beroep te Gent — Belgium) — Punch Graphix Prepress Belgium NV v Belgische Staat
   (Case C-371/11) (1)
   
   (Reference for a preliminary ruling - Admissibility - Reference by domestic law to European Union law - Directive 90/435/EEC - Directive 90/434/EEC - Prevention of economic double taxation - Exception - Liquidation of a subsidiary upon a merger - Distribution of profits - Concept of ‘liquidation’)
   2012/C 379/16
   Language of the case: Dutch
   
      Referring court
   
   Hof van Beroep te Gent
   
      Parties to the main proceedings
   
   
      Applicant: Punch Graphix Prepress Belgium NV
   
      Defendant: Belgische Staat
   
      Re:
   
   Reference for a preliminary ruling — Hof van Beroep te Gent — Interpretation of Article 4(1) of Council Directive 90/435/EEC of 23 July 1990 on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States (OJ 1990 L 225, p. 6) — Prevention of economic double taxation — Exception in respect of profits distributed when a subsidiary is liquidated — Concept of liquidation — Merger by acquisition whereby the subsidiary companies acquired are wound up without going into liquidation — Possibility, for the national tax authorities, of considering that such an operation entails liquidation, pursuant to national tax legislation which treats identically that operation and a merger which actually entails a liquidation
   
      Operative part of the judgment
   
   The concept of ‘liquidation’ in Article 4(1) of Council Directive 90/435/EEC of 23 July 1990 on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States, as amended by Council Directive 2006/98/EC of 20 November 2006, must be interpreted as meaning that the dissolution of a company in the context of a merger by acquisition cannot be considered to be such a liquidation.
   
      (1)  OJ C 282, 24.9.2011.