CELEX: C2002/305/02
Language: en
Date: 2002-12-07 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 17 October 2002 in Case C-339/99 [Reference for a preliminary ruling from the Verwaltungsgerichtshof (Austria)]: Energie Steiermark Holding AG v Finanzlandesdirektion für Steiermark (Directive 69/335/EEC — Indirect taxes on the raising of capital — Capital duty — Increase in a company's capital by the issue of new shares — Payments made upon the entry of a new member as a shareholder in the company — Payments made by the parent company of the new member — Payments made to the subsidiaries of the company increasing its capital — Payments not yet made)

C 305/2                  EN                      Official Journal of the European Communities                                          7.12.2002
                  JUDGMENT OF THE COURT                                     2.    Article 4(1)(c) of Directive 69/335, as amended by the
                                                                                  abovementioned Act of Accession, is to be interpreted as
                                                                                  meaning that the expression ‘contribution of assets of any kind’
                          (Sixth Chamber)                                         used therein covers additional payments which a new member
                                                                                  makes not to the capital company which is increasing its capital,
                                                                                  but to subsidiaries of that company, when it is clear from the
                        of 17 October 2002
                                                                                  circumstances of the case that, from an economic point of view,
                                                                                  the real recipient of those payments is that company.
in Case C-339/99 [Reference for a preliminary ruling from
the Verwaltungsgerichtshof (Austria)]: Energie Steier-                      3.    Payments made subject to the fulfilment of a condition precedent
mark Holding AG v Finanzlandesdirektion für Steier-                               amount to contributions within the meaning of Article 4(1)(c)
                                mark (1)                                          of Directive 69/335, as amended by the said Act of Accession,
                                                                                  only after that condition has been fulfilled.
(Directive 69/335/EEC — Indirect taxes on the raising of                    4.    Capital duty does not amount to a ‘liability’ or an ‘expense’
capital — Capital duty — Increase in a company’s capital                          within the meaning of Article 5(1)(a) of Directive 69/335, as
by the issue of new shares — Payments made upon the entry                         amended by the Act of Accession mentioned in paragraph 1 of
of a new member as a shareholder in the company —                                 the operative part of this judgment.
Payments made by the parent company of the new member
— Payments made to the subsidiaries of the company
       increasing its capital — Payments not yet made)                      (1 ) OJ C 352 of 4.12.1999.
                           (2002/C 305/02)
                    (Language of the case: German)
                                                                                              JUDGMENT OF THE COURT
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                                                     (Sixth Chamber)
                                                                                                     of 17 October 2002
In Case C-339/99: Reference to the Court under Article 234                  in Case C-71/00 (Reference for a preliminary ruling from
EC by the Verwaltungsgerichtshof (Austria) for a preliminary                the Verwaltungsgerichtshof): Develop Baudurchführungs-
ruling in the proceedings pending before that court between                 und Stadtentwicklungsgesellschaft mbH v Finanzlandes-
Energie Steiermark Holding AG and Finanzlandesdirektion für                  direktion für Wien, Niederösterreich und Burgenland ( 1)
Steiermark, on the interpretation of Articles 4(1)(c) and 5(1)(a)
of Council Directive 69/335/EEC of 17 July 1969 concerning                  (Directive 69/335/EEC — Indirect taxes on the raising of
indirect taxes on the raising of capital (OJ, English Special               capital — Capital duty — Contribution of assets of any kind
Edition 1969 (II), p. 412), as amended by the Act concerning                — Meaning — Payments made by the parent company of a
the conditions of accession of the Republic of Austria, the                 company which has acquired dividend certificates issued by
Republic of Finland and the Kingdom of Sweden and the                                                 a capital company)
adjustments to the Treaties on which the European Union is
founded (OJ 1994 C 241, p. 21, and OJ 1995 L 1, p. 1), the                                             (2002/C 305/03)
Court (Sixth Chamber), composed of: J.-P. Puissochet, President
of the Chamber, R. Schintgen (Rapporteur), V. Skouris,
F. Macken and J.N. Cunha Rodrigues, Judges; A. Tizzano,                                         (Language of the case: German)
Advocate General; D. Louterman-Hubeau, Head of Division,
for the Registrar, has given a judgment on 17 October 2002,                 (Provisional translation; the definitive translation will be published
in which it has ruled:                                                                          in the European Court Reports)
1.    Article 4(1)(c) of Council Directive 69/335/EEC of 17 July
      1969 concerning indirect taxes on the raising of capital, as          In Case C-71/00: Reference to the Court under Article 234 EC
      amended by the Act concerning the conditions of accession of          by the Verwaltungsgerichtshof (Austria) for a preliminary
      the Republic of Austria, the Republic of Finland and the              ruling in the proceedings pending before that court between
      Kingdom of Sweden and the adjustments to the Treaties on              Develop Baudurchführungs- und Stadtentwicklungsgesell-
      which the European Union is founded, is to be interpreted as          schaft mbH and Finanzlandesdirektion für Wien, Niederöster-
      meaning that the expression ‘contribution of assets of any kind’      reich und Burgenland,on the interpretation of Article 4(1)(d)
      used therein covers the payments which a parent company               of Council Directive 69/335/EEC of 17 July 1969 concerning
      makes to a capital company, which is increasing its capital by        indirect taxes on the raising of capital (OJ, English Special
      the issue of new shares, to enable the acquisition of those shares    Edition 1969 (II), p. 412), as amended by the Act concerning
      by a subsidiary of that parent company.                               the conditions of accession of the Republic of Austria, the