OrbitaxECJ: German transitional rules for taxation of capital gains incompatible with EC free movement of capital
|Approved Changes|European Union-Germany
On 18 December 2007, the European Court of Justice (ECJ) gave its decision in the case of Per Gronfeldt und Tatiana Gronfeldt v. Finanzamt Hamburg-Am Tierpark (C-436/06). The Finance Court of Hamburg had requested a preliminary from the ECJ on 20 September 2006 There was no Advocate General's opinion in this case.
The ECJ held that Art. 56 of the EC Treaty (free movement of capital) precludes the German legislation, by which the profits from a sale of s…