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Document 62009CN0384

    Case C-384/09: Reference for a preliminary ruling from the Tribunal de grande instance de Paris (France) lodged on 29 September 2009 — PRUNUS SARL v Directeur des Services Fiscaux

    OJ C 312, 19.12.2009, p. 17–17 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Date of document:
    29/09/2009
    Date lodged:
    29/09/2009
    Author:
    Court of Justice
    Form:
    Judicial information
    Authentic language:
    French
    Type of procedure:
    Reference for a preliminary ruling
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    Case affecting:
    Link

    19.12.2009   

    EN

    Official Journal of the European Union

    C 312/17

    Reference for a preliminary ruling from the Tribunal de grande instance de Paris (France) lodged on 29 September 2009 — PRUNUS SARL v Directeur des Services Fiscaux

    (Case C-384/09)

    2009/C 312/27

    Language of the case: French

    Referring court

    Tribunal de grande instance de Paris

    Parties to the main proceedings

    Applicant: Prunus SARL

    Defendant: Directeur des Services Fiscaux

    Questions referred

    1.

    Does Article 56 et seq. of the EC Treaty preclude legislation such as that laid down by Article 990 D et seq. of the Code général des impôts which grants legal persons having their effective centre of management in France or, since 1 January 2008, in a Member State of the European Union, entitlement to exemption from the tax at issue and which, as regards legal persons having their effective centre of management in the territory of a non-Member State, makes that entitlement conditional either on the existence of a convention on administrative assistance to combat tax evasion and avoidance concluded between France and that State or on there being a requirement, under a treaty containing a clause prohibiting discrimination on grounds of nationality, that those legal persons are not to be taxed more heavily than legal persons having their effective centre of management in France?

    2.

    Does Article 56 et seq. of the EC Treaty preclude legislation such as that laid down by Article 990 F of the Code général des impôts which enables tax services to hold jointly and severally liable for payment of the tax provided for in Article 990 D et seq. of the Code général des impôts any legal person interposed between the party or parties liable to the tax and the immovable properties or rights in such properties?
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