Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 05/21/2015

Subject: According to the Court, EU law does not preclude tax legislation of a Member State, such as that at issue in the main proceedings, which, in the case of a transfer of assets from a company located within the territory of that Member State to a permanent establishment of that company located within the territory of another Member State, provides for the disclosure of unrealised capital gains pertaining to those assets which have been generated within the territory of that first Member State, the taxation of such capital gains and the staggered recovery of the tax relating to those gains over 10 annual instalments

Parties: Verder LabTec GmbH & Co. KG c. Finanzamt Hilden

Classification: Freedoms - Art. 15 Right of establishment

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