CELEX: C1997/108/02
Language: en
Date: 1997-04-05 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 6 February 1997 in Case C-80/95 (reference for a preliminary ruling from the Hoge Raad der Nederlanden): Harnas & Helm CV v. Staatssecretaris van Financiën (VAT - Interpretation of Articles 4, 13 and 17 of Sixth Directive 77/388/EEC - Taxable person - Acquisition and holding of bonds)

No C 108/2               EN                   Official Journal of the European Communities                                        5 . 4 . 97
                  JUDGMENT OF THE COURT                                                   JUDGMENT OF THE COURT
                            ( Sixth Chamber)                                                      ( Sixth Chamber)
                         of 6 February 1997                                                     of 6 February 1997
in Case C-80/95 (reference for a preliminary ruling from                 in Case C-247/95 (reference for a preliminary ruling from
the Hoge Raad der Nederlanden): Harnas & Helm CV v.                      the Bundesfinanzhof): Finanzamt Augsburg-Stadt v.
                  Staatssecretaris van Financiën ( 1 )                                       Marktgemeinde Welden ( ] )
(VAT — Interpretation of Articles 4, 13 and 17 of Sixth                  (Sixth VAT Directive — Letting of immovable property —
Directive 77/388/EEC — Taxable person — Acquisition                                               Public authority)
                        and holding of bonds)
                                                                                                    ( 97/C 108/03 )
                              ( 97/C 108/02 )
                   (Language of the case: Dutch)                                          (Language of the case: German)
  (Provisional translation; the definitive translation will be
             published in the European Court Reports)
                                                                           (Provisional translation; the definitive translation will be
                                                                                   published in the European Court Reports)
In Case C-80/95 : reference to the Court under Article 177
of the EC Treaty from the Hoge Raad der Nederlanden                      In Case C-247/95 : reference to the Court under Article 177
( Supreme Court of the Netherlands ) for a preliminary                   of the EC Treaty from the Bundesfinanzhof ( Federal
ruling in the proceedings pending before that court                      Finance Court ) ( Germany), for a preliminary ruling in the
between Harnas & Helm CV and Staatssecretaris van Fi­                    proceedings pending before that court between Finanzamt
nancien — on the interpretation of Articles 4 (2 ), 13 ( B )             Augsburg-Stadt and Marktgemeinde Welden — on the
( d ) ( 5 ) and 17 ( 3 ) ( c ) of the Sixth Council Directive 77/        interpretation of Article 4 ( 1 ), ( 2 ) and ( 5 ) and Article 13
388/EEC of 17 May 1977 on the harmonization of the                       ( B ) and ( C ) of the Sixth Council Directive 77/388/EEC of
laws of the Member States relating to turnover taxes —                   17 May 1977 on the harmonization of the laws of the
Common system of value added tax: uniform basis of                       Member States relating to turnover taxes — Common
assessment ( OJ No L 145 , 13 . 6 . 1977, p. 1 ) — the Court             system of value added tax: uniform basis of assessment
( Sixth Chamber ), composed of: G. F. Mancini , President                ( OJ No L 145 , 13 . 6 . 1977, p. 1 ) — the Court ( Sixth
of the Chamber ( Rapporteur ), C. N. Kakouris, R J. G.                   Chamber ), composed of: G. F. Mancini , President of the
Kapteyn, G. Hirsch and H. Ragnemalm, Judges; N.                          Chamber, J. L. Murray, C. N. Kakouris, P. J. G. Kapteyn
Fennelly, Advocate-General; H. A. Riihl, Principal                       and H. Ragnemalm ( Rapporteur ), Judges ; A. La Pergola,
Administrator, for the Registrar, gave a judgment on                     Advocate-General ; R. Grass, Registrar, has given a
6 February 1997, the operative part of which is as                       judgment on 6 Febuary 1997, in which it has ruled :
follows :
                                                                         the fourth subparagraph of Article 4 (5) of the Sixth
Article 4 (2) of the Sixth Council Directive 77/388/EEC of               Council Directive 77/388/EEC of 17 May 1977 on the
17 May 1977 on the harmonization of the laws of the                      harmonization of the laws of the Member States relating
Member States relating to turnover taxes — Common                        to turnover taxes — Common system of value added tax:
system of value added tax: uniform basis of assessment is                uniform basis of assessment, must be interpreted as
to be interpreted as meaning that the mere acquisition of                permitting Member States to consider that the activities
ownership in and the holding of bonds, activities which                  listed in Article 13 of the Directive are carried out by
are not subservient to any other business activity, and the              bodies governed by public law as public authorities, even
receipt of income therefrom are not to be regarded as                    if they are performed in a similar manner to those of a
economic activities conferring on the person concerned the               private trader.
status of a taxable person.
                                                                         (') OJ No C 268 , 14 . 10 . 1995 .
(') OJ No C 119 , 13 . 5 . 1995 .