Publications Office of the EU
Judgment of the Court (First Chamber) of 12 January 2006 in Case C-494/03: Reference for a preliminary ruling from the Hoge Raad der Nederlanden in Senior Engineering Investments BV v Staatssecretaris van Financiën (Directive 69/335 — Indirect taxes on the raising of capital — National rules taxing a (subsidiary) company by way of capital duty in respect of a contribution made by its parent company (the grandparent company) in favour of its subsidiary (a sub-subsidiary company) — Capital duty — Increase of capital — Payment to the share premium account — Increase in the assets of the company — Increase in the value of shares — Provision of services by a member — Payment made by a member of a member — Payment to a subsidiary — Real recipient — Levying of capital duty once only (in the Community) — Article 52 of the EC Treaty (now, after amendment, Article 43 EC) — Freedom of establishment — National practice exempting a (subsidiary) capital company from taxation only if its subsidiary (sub-subsidiary company) is also established in that Member State)
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