Source: All England Reporter
Publisher Citation: [2002] All ER (D) 239 (Oct)
Court: Court of Justice of the European Communities (Sixth Chamber)
Judge:

Judges Puissochet (President of the Chamber), Schintgen (Rapporteur), Skouris, Macken and Cunha Rodrigues

Judgment Dates: 17 October 2002

Catchwords

European Communities - Taxation - Capital duty - Acquisition of capital by non-member - Liability for capital duty - Council Directive (EEC) 69/335, arts 4, 5.

The Case

The expression 'assets of any kind contributed or to be contributed by the members' in art5(1) of Council Directive (EEC) 69-335 (concerning indirect taxes on the raising of capital) covered payments made to a capital company, which was increasing its assets by the issue of dividend certificates, by a non-member of that company which wished to acquire such certificates.

Practice Areas

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