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Case C-372/10: Reference for a preliminary ruling from the Naczelny Sąd Administracyjny, Izba Finansowa, Wydział II (Republic of Poland), lodged on 26 July 2010 — Pak-Holdco Sp zoo v Dyrektor Izby Skarbowej w Poznaniu

ECLI:EU:UNKNOWN:62010CN0372

62010CN0372

July 26, 2010
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23.10.2010

Official Journal of the European Union

C 288/20

(Case C-372/10)

()

(2010/C 288/34)

Language of the case: Polish

Referring court

Parties to the main proceedings

Appellant: Pak-Holdco Sp zoo

Respondent: Dyrektor Izby Skarbowej w Poznaniu

Questions referred

1.In interpreting Article 7(1) of Directive 69/335/EEC, must a national court take account of the provisions of amending directives, in particular Directives 73/79/EEC and 73/80/EEC, even though those directives were no longer in force when the Republic of Poland acceded to the European Union?

2.If the answer to Question 1 is in the negative, does the exclusion of the assets of a capital company from the amount on which capital duty is charged, as laid down in the first indent of Article 5(3) of Directive 69/335/EEC, concern only the assets of a capital company which has had an increase in capital?

OJ, English Special Edition 1969(II), p. 412.

OJ 1973 L 103, p. 13.

OJ 1973 L 103, p. 15.

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