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 shares in 2001 in a limited company established in another Member State are immediately taxable where the seller had held, either directly...