CELEX: 62007CA0569
Language: en
Date: 2009-10-01 00:00:00
Title: Case C-569/07: Judgment of the Court (Second Chamber) of 1 October 2009 (Reference for a preliminary ruling from the Special Commissioners of Income Tax, London –United Kingdom) — HSBC Holdings plc, Vidacos Nominees Ltd v The Commissioners of Her Majesty’s Revenue & Customs (Indirect taxation — Raising of capital — Levying of a duty of 1,5 % on the transfer or issue of shares into a clearance service)

21.11.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 282/6
            
         Judgment of the Court (Second Chamber) of 1 October 2009 (Reference for a preliminary ruling from the Special Commissioners of Income Tax, London –United Kingdom) — HSBC Holdings plc, Vidacos Nominees Ltd v The Commissioners of Her Majesty’s Revenue & Customs
   (Case C-569/07) (1)
   
   (Indirect taxation - Raising of capital - Levying of a duty of 1,5 % on the transfer or issue of shares into a clearance service)
   2009/C 282/10
   Language of the case: English
   
      Referring court
   
   Special Commissioners of Income Tax, London
   
      Parties to the main proceedings
   
   
      Applicant: HSBC Holdings plc, Vidacos Nominees Ltd
   
      Defendant: The Commissioners of Her Majesty’s Revenue & Customs
   
      Re:
   
   Reference for a preliminary ruling — Special Commissioners of Income Tax, London — Interpretation of Articles 10 and 11 of Council Directive 69/335/EEC of 17 July 1969 concerning indirect taxes on the raising of capital (OJ 1969 L 249, p. 5), as amended by Council Directive 85/303/EEC of 10 June 1985 (OJ 1985 L 156, p. 23), and of Articles 43, 49 and 56 EC — Offer by a company (‘A’) established in a Member State to acquire the shares of a company (‘B’) established in another Member State in exchange for the issue of shares in company A on the stock market of the other Member State — Imposition of a duty of 1.5 % on the transfer or issuing of shares in a clearance service
   
      Operative part of the judgment
   
   Article 11(a) of 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 it prohibits the levying of a duty, such as that at issue in the main proceedings, on the issue of shares into a clearance service.
   
      (1)  OJ C 64, 8.3.2008.