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Case C-352/08: Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 31 July 2008 — Modehuis A. Zwijnenburg BV, other party: Staatssecretaris van Financiën
ECLI:EU:UNKNOWN:62008CN0352
62008CN0352
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Official Journal of the European Union
C 285/18
(Case C-352/08)
(2008/C 285/30)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: Modehuis A. Zwijnenburg BV
Question referred
Must Article 11(1)(a) of [Council] Directive 90/434/EEC (1) of 23 July 1990 be interpreted as meaning that the benefits of that Directive may be withheld from a tax-payer where a series of legal transactions is aimed at preventing the levying of a tax other than the taxes to which the benefits set out in that Directive relate?
(1) [Council] Directive 90/434/EEC on the common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States (OJ 1990 L 225, p. 1).