Judgment of the Court (Third Chamber) of 21 May 2015 (request for a preliminary ruling from the Finanzgericht Düsseldorf — Germany) — Verder LabTec GmbH & Co. KG v Finanzamt Hilden

(Case C-657/13) (1)

((Reference for a preliminary ruling - Taxation - Freedom of establishment - Article 49 TFEU - Restrictions - Staggered recovery of tax on unrealised capital gains - Preservation of allocation of powers of taxation between Member States - Proportionality))

(2015/C 236/14)

Language of the case: German

Referring court

Finanzgericht Düsseldorf

Parties to the main proceedings

Applicant: Verder LabTec GmbH & Co. KG

Defendant: Finanzamt Hilden

Operative part of the judgment

Article 49 TFEU must be interpreted as not precluding 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.

(1)  OJ C 71, 8.3.2014.