Order of the Court (Tenth Chamber) of 6March 2014 –
Bloomsbury
(Case C‑510/12)
Article99 of the Rules of Procedure— Fourth Directive 78/660/EEC— Article2(3)— Principle of a true and fair view –Article2(4)— Obligation to inform –Article2(5)— Obligation to depart from the principle of a true and fair view— Article32— Valuation method based on historical cost— Acquisition by a company of an asset free of charge
1.Questions referred for a preliminary ruling— Answer admitting of no reasonable doubt— Questions the answer to which may be clearly deduced from the Court’s existing case-law— Application of Article99 of the Rules of Procedure (Rules of Procedure of the Court of Justice, Art. 99) (see paras 13, 14)
2.Freedom of movement for persons— Freedom of establishment— Companies— Directive 78/660— Annual accounts of certain types of companies— Directive which concerns only accounting and which does not aim to lay down the conditions for determining the taxable base (Council Directive 78/660) (see para. 16)
3.Freedom of movement for persons— Freedom of establishment— Companies— Directive 78/660— Annual accounts of certain types of companies— Evaluation of assets on the basis of their purchase price or production cost— Exceptions— Exceptional cases— Definition— Acquisition of certain assets at a price significantly lower than their real value thereby creating a false view of the company’s assets— Not included (Council Directive 78/660, Arts 2(3) to (5), 31(1)(c) and 32) (see paras 22-30, operative part)
Re:
| Request for a preliminary ruling— Hof van Beroep te Gent (Belgium)— Interpretation of Article2(3), (4) and (5) of Fourth Council Directive 78/660/EEC of 25July 1978 based on Article [44(2)(g) EC] on the annual accounts of certain types of companies (OJ 1978 L222, p.11)— Principle of a true and fair view— Acquisition by a company of an important asset free of charge— Not possible for the company to enter the value of that acquisition in its accounts as a distorted impression would thereby be given of its assets, financial situation and results. |
Operative part:
Article2(3), (4) and (5) of Fourth Council Directive 78/660/EEC of 25July 1978 based on Article [44(2)(g) EC] on the annual accounts of certain types of companies must be interpreted as meaning that, where a company acquires an important asset free of charge, it is under no obligation to enter that asset in the accounts at its true value.