Jacob v Ministre des Finances et des Comptes publics; Ministre des Finances et des Comptes publlics v Lassus

European Union – Taxation. Article 8 of Council Directive (EEC) 90/434, as amended, and subsequently adjusted by Decision (EC) 95/1, should be interpreted as meaning that it did not preclude legislation of a member state pursuant to which the capital gain resulting from an exchange of securities falling within the scope of that directive was established when the transaction occurred, but was taxed in the year in which the event putting an end to the deferred taxation occurred. The Court of Justice so held in a preliminary in the course of proceeding concerned two joined actions regarding the French tax authorities' decisions to tax the capital gains resulting from an exchange of securities on the subsequent transfer of the securities received.

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