Language of document :

Judgment of the Court (Ninth Chamber) of 30 May 2013 (request for a preliminary ruling from the Hoge Raad der Nederlanden – Netherlands) – Staatssecretaris van Financiën v X BV

(Case C-651/11) 1

(VAT – Sixth Directive 77/388/EEC – Article 5(8) – Concept of ‘transfer of a totality of assets or part thereof’ – Disposal of 30% of the shares in a company to which the transferor supplies services that are subject to VAT)

Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Applicant: Staatssecretaris van Financiën

Defendant: X BV

Re:

Request for a preliminary ruling – Hoge Raad der Nederlanden – Interpretation of Articles 5(8) and 6(5) of 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) – Taxable transactions – Transfer of a totality of assets and/or of services (or part thereof) – Disposal of 30% of the shares in a company by a shareholder who, until the date of disposal, supplied services subject to VAT to that company

Operative part of the judgment

Articles 5(8) and/or 6(5) of 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 must be interpreted as meaning that the disposal of 30% of the shares in a company to which the transferor supplies services that are subject to VAT does not amount to the transfer of a totality of assets or services or part thereof within the meaning of those provisions, irrespective of the fact that the other shareholders transfer all the other shares in that company to the same person at practically the same time and that that disposal is closely linked to management activities carried out for that company.

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1 OJ C 73, 10.3.2012.