Judgment_paragraph 44 · GE Infrastructure Hungary Holding Kft. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága (C-318/22)

44That conclusion is not invalidated by the judgment of 22 March 2018 in Jacob and Lassus (C‑327/16 and C‑421/16, EU:C:2018:210), referred to by the Hungarian Government in its written observations, in which the Court recognised that the Member States had, in compliance with EU law, a certain discretion in so far as concerns the adoption of tax measures for the purposes of implementing Article 8 of Directive 2009/133. It is sufficient to note that the national legislation at issue in that judgment did not make the exchange of securities, which was the subject matter of the main proceedings, subject to an additional condition in order to benefit from the system of fiscal neutrality laid down in that directive but, on the contrary, sought to ensure the fiscal neutrality of that transaction, by taxing only the capital gains relating to the securities received in exchange on the date of the subsequent disposal thereof.

GE Infrastructure Hungary Holding Kft. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága (C-318/22)

Connections

Key facts

History · 1 version