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Case C-275/11: Reference for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 3 June 2011 — GfBk Gesellschaft für Börsenkommunikation mbH v Finanzamt Bayreuth

ECLI:EU:UNKNOWN:62011CN0275

62011CN0275

June 3, 2011
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10.9.2011

Official Journal of the European Union

C 269/24

(Case C-275/11)

2011/C 269/45

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: GfBk Gesellschaft für Börsenkommunikation mbH

Defendant: Finanzamt Bayreuth

Questions referred

For the purpose of interpreting the term ‘management of special investment funds’ within the meaning of Article 13B(d)(6) of Directive 77/388/EEC, is the service provided by the third-party manager of a special investment fund sufficiently specific and hence exempt from taxation only if

(a)the manager performs a management function and not only an advisory function or if

(b)the service differs in nature from other services by reason of a characteristic feature that qualifies for tax exemption under this provision or if

(c)the manager operates on the basis of a delegation of functions under Article 5g of Directive 85/611/EEC, as amended?

Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p. 1).

Directive 2001/107/EC of the European Parliament and of the Council of 21 January 2002 amending Council Directive 85/611/EEC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) with a view to regulating management companies and simplified prospectuses (OJ 2002 L 41, p. 20).

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