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Case C-48/07: Judgment of the Court (Fourth Chamber) of 22 December 2008 (reference for a preliminary ruling from the Cour d'appel de Liège — Belgium) — État belge — SPF Finances v Les Vergers du Vieux Tauves SA (Corporation taxes — Directive 90/435/EEC — Status of parent company — Capital holding — Holding of shares in usufruct)
ECLI:EU:UNKNOWN:62007CA0048
62007CA0048
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21.2.2009
Official Journal of the European Union
C 44/6
(Case C-48/07) (1)
(Corporation taxes - Directive 90/435/EEC - Status of parent company - Capital holding - Holding of shares in usufruct)
(2009/C 44/09)
Language of the case: French
Referring court
Parties to the main proceedings
Applicant: État belge — SPF Finances
Defendant: Les Vergers du Vieux Tauves SA
Re:
Reference for a preliminary ruling — Cour d'Appel de Liège — Interpretation of Articles 3, 4 and 5 of Council Directive 90/435/EEC of 23 July 1990 on the common system of taxation applicable in the case of parent companies and subsidiary companies of different Member States (OJ 1990 L 225, p. 6) — Meaning of holding in the capital of a subsidiary established in another Member State — Whether holding a right of usufruct over shareholdings is sufficient for tax exemption on dividends received, or whether full ownership is needed.
Operative part of the judgment
The concept of a holding in the capital of a company of another Member State, within the meaning of Article 3 of Council Directive 90/435/EEC of 23 July 1990 on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States, does not include the holding of shares in usufruct.
However, in compliance with the freedoms of movement guaranteed by the EC Treaty, applicable to cross-border situations, when a Member State, in order to avoid double taxation of received dividends, exempts from tax both the dividends which a resident company receives from another resident company in which it holds shares with full title and those which a resident company receives from another resident company in which it holds shares in usufruct, that Member State must apply, for the purpose of exempting received dividends, the same treatment to dividends received from a company established in another Member State by a resident company holding shares with full title as that which it applies to such dividends received by a resident company which holds shares in usufruct.
(1) OJ C 82, 14.4.2007.