CELEX: C2007/082/28
Language: en
Date: 2007-04-14 00:00:00
Title: Case C-27/07: Reference for a preliminary ruling from the Conseil d'Etat lodged on 26 January 2007 — Banque Féderative du Crédit Mutuel v Ministre de l'Économie, des Finances et de l'Industrie

14.4.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 82/16
            
         Reference for a preliminary ruling from the Conseil d'Etat lodged on 26 January 2007 — Banque Féderative du Crédit Mutuel v Ministre de l'Économie, des Finances et de l'Industrie
   (Case C-27/07)
   (2007/C 82/28)
   Language of the case: French
   Referring court
   Conseil d'Etat
   Parties to the main proceedings
   
      Applicant: Banque Féderative du Crédit Mutuel
   
      Defendant: Ministre de l'Économie, des Finances et de l'Industrie
   Question referred
   The add-back to the taxable income of a parent company established in France of 5 % of the tax credits attributed upon the distribution of profits by a subsidiary established in another Member State of the European Union where those distributed profits have been subject in that other State to a withholding tax, has no effect on the taxation level of the parent company if the latter is able to set off all the tax credits against the tax payable. Where the parent company did not decide to redistribute those profits to its own shareholders within five years, and in consequence is no longer able to use the fiscal advantage represented by those tax credits, can the taxation — additional to corporation tax — which results from the add-back of 5 % of the tax credits to its taxable income be regarded as permitted under Article 7(2) of Directive 90/435/EEC of 23 July 1990 (1), in view of the small amount of such a tax and the fact that it was established directly in conjunction with payment of tax credits, introduced in order to mitigate the economic double taxation of dividends, or must it be regarded as contrary to the objectives of Article 4 of the same Directive?
   
      (1)  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).