Kategorien: European Court of Justice (134 gefunden)

1. 27. Januar 2026

   ECJ: No strict interpretation of tax exemption for municipal ...

   Is the supply of services by independent groups of people to their members VAT free without distorting competition? The European Court of Justice has commented on this issue in a request for a preliminary ruling from Spain regarding VAT exemption for municipal cost-sharing schemes. The judgment also has implications for the corresponding German exemption in Section 4 No. 49 of the Value Added Tax Act (VAT Act).

   Kategorien: European Court of Justice

   Schlagwörter: VAT Exemption, municipality
2. 16. Dezember 2025

   ECJ: Person liable for VAT in case of joint action by severa ...

   In a most recently published judgment, the European Court of Justice (ECJ) held that the VAT Directive precludes a national legislation which provides that one of the partners in a civil law partnership devoid of legal personality separate from that of its partners and providing taxable services is to be deemed to be the person liable to pay value added tax in respect of taxable services provided by the other partners in that partnership.

   Kategorien: European Court of Justice

   Schlagwörter: liability for VAT, taxable person
3. 16. Dezember 2025

   ECJ: Joint and several VAT liability of a third party after ...

   The request for a preliminary ruling from Bulgaria concerns the joint and several liability of a third party for the VAT debts of a person liable for payment of that VAT (a company) where that person no longer exists, and where the liability of that third party was not prescribed until after that company’s liquidation (here, removal of the principal debtor from the commercial register).

   Kategorien: European Court of Justice

   Schlagwörter: liability for VAT
4. 10. Dezember 2025

   ECJ: Documentation requirements for tax exemption and tax re ...

   In a most recent decision on the procedural approach to obtain a WHT exemption, the European Court of Justice (ECJ) has reaffirmed that procedural aspects and formalities can amount to disguised restrictions, and that the practical realization of fundamental freedoms must be ensured. This requires considering not only the relevant provisions of tax law but also any procedural requirements and formalities that may hinder the application of tax benefits or relief.

   Kategorien: European Court of Justice

   Schlagwörter: refund procedure, dividend withholding t ...
5. 02. Dezember 2025

   ECJ: Responsibility of online marketplace operator for proce ...

   In its judgment published today, the European Court of Justice held that the operator of an online marketplace is responsible for the processing of personal data contained in advertisements published on its platform. The operator must identify, before publication, advertisements that contain sensitive data and verify that the advertiser is actually the person whose data appears in such an advertisement or that the advertiser has the explicit consent of that person.

   Kategorien: European Court of Justice

   Schlagwörter: Data processing, Personal data, digital ...
6. 14. November 2025

   ECJ: Higher gift tax for foreign family foundation not neces ...

   In a currently published judgment, the European Court of Justice held that the German regulation providing favorable inheritance tax classes for domestic family foundations which are not available to foreign family foundations does not contravene the fundamental principle for free movement of capital provided that the legislation in question complies with the principle of proportionality.

   Kategorien: European Court of Justice

   Schlagwörter: family foundation, foreign foundation
7. 02. November 2025

   ECJ: Conditions for issuing a Preservation Order against for ...

   An Austrian request for a preliminary ruling concerns a repayment claim against a Maltese online casino. Malta had introduced a law to prevent enforcement. However, Malta might perhaps find itself at odds with the ECJ. In his opinion, the Advocate General sees a fair chance of overturning this restriction and paving the way for numerous players in Europe to reclaim their losses.

   Kategorien: European Court of Justice

   Schlagwörter: gaming, online game
8. 26. Oktober 2025

   ECJ: Factoring fees are remuneration for debt collection ser ...

   In a most recent judgment following a preliminary request from Finland, the European Court of Justice has once again confirmed that specific fees and commissions associated with debt collection are subject to VAT.

   Kategorien: European Court of Justice

   Schlagwörter: Factoring, debt collection
9. 24. Oktober 2025

   Update: ECJ judgment on statutory minimum fee payable by thi ...

   In a reference for a preliminary ruling from Bulgaria the European Court of Justice is asked whether – in absence of consideration for a service due to the uncertainty of a contingency fee - the advice given by a lawyer against statutory minimum fee payable by the unsuccessful opposing party in the event of a successful outcome is a taxable transaction within the meaning of the VAT Directive. The Advocate General considers this to be a transaction subject to VAT in contrast to the ECJ case law which, in her opinion, has led to some uncertainty and likely misinterpretations in practice.

   Kategorien: European Court of Justice

   Schlagwörter: fees, contingency obligation
10. 14. September 2025

    ECJ: Customer loyalty program with bonus points acquired tre ...

    The issue of points following a purchase of goods in the course of a customer loyalty program where the customer is entitled to a rebate when making a future purchase does not constitute a voucher within the meaning of Article 30a of the VAT Directive. In the Opinion of the Advocate General there is no (self-standing) obligation to accept those points as consideration for a supply of goods. Therefore, such a bonus system constitutes only a discount on a future purchase.

    Kategorien: European Court of Justice

    Schlagwörter: rebate, multiple-purpose voucher
11. 05. September 2025

    ECJ: Joint and several liability of a third party following ...

    The request for a preliminary ruling from Bulgaria concerns the joint and several liability of a third party for the VAT debts of a person liable for payment of that VAT (a company) where that person no longer exists, and where the liability of that third party was not prescribed until after that company’s liquidation. The Advocate General has submitted her Opinion.

    Kategorien: European Court of Justice

    Schlagwörter: liability for VAT
12. 05. September 2025

    ECJ: VAT treatment of intra group transfer pricing adjustmen ...

    In a preliminary request from Romania the European Court of Justice was asked, i. a., whether the amounts invoiced by a parent company to a subsidiary established in another Member State using the transactional net margin method (a method recommended by the OECD Guidelines) may constitute a consideration for a supply of services for consideration which falls within the scope of the VAT Directive. In its judgment the ECJ answered in the affirmative.

    Kategorien: European Court of Justice

    Schlagwörter: transfer pricing, service costs
13. 01. August 2025

    ECJ: No further taxation of dividend in case of Parent-Subsi ...

    In a request for a preliminary ruling from Italy, the European Court of Justice (ECJ) held that a national legislation providing for tax being levied on more than 5% of the amount of the dividends that financial intermediaries receive, as parent companies, from their subsidiaries resident in other Member States is contrary to EU law. This also applies in the case of a tax which is not a tax on corporate income but which includes in its basis of assessment those dividends or a part thereof.

    Kategorien: European Court of Justice

    Schlagwörter: dividend exemption, Parent/Subsidiary Di ...
14. 21. Juli 2025

    ECJ to clarify EU State aid rules on non-profit status of se ...

    In a request for a preliminary ruling, the Supreme Tax Court has referred several questions to the ECJ regarding the compatibility of non-profit tax status and the prohibition of state aid under EU law. The question to be answered is whether the extension of tax relief for special-purpose entities to companies that provide services for remuneration in cooperation with a corporation that is recognized as a non-profit organization (so-called service corporation) constitutes illicit state aid in accordance with Art. 107 of the Treaty on the Functioning of the European Union (TFEU).

    Kategorien: Supreme Tax Court cases, European Court ...

    Schlagwörter: state aid, non-profit associations
15. 11. Juli 2025

    ECJ: Joint and several liability of customer for VAT origina ...

    In a Czech request for a preliminary ruling, the European Court of Justice (ECJ) dealt with the joint and several liability of the recipient of a supply who supposedly was involved in VAT fraud for VAT not paid by the supplier. According to the judgment of the ECJ, Article 205 of the VAT Directive does not prevent the recipient from being held liable under such circumstances.

    Kategorien: European Court of Justice

    Schlagwörter: VAT fraud, liability for VAT
16. 04. Juli 2025

    ECJ: Minimum basis for VAT on intra-group services of manage ...

    In a Swedish request for a preliminary ruling, the ECJ - as an indirect consequence of its “holding case law” - was asked to specify details of determining the minimum assessment basis for VAT and clarify whether actually all of the expenses of the management holding must be included in the basis for that tax.

    Kategorien: European Court of Justice

    Schlagwörter: VAT basis, management holding
17. 25. Juni 2025

    ECJ: Consumer protection and effective judicial protection i ...

    Following a request for a preliminary ruling from Slovakia, the European Court of Justice (ECJ) decided that consumer protection and the requirement of effective judicial protection mean that consumers must be able, under certain conditions, to challenge the lawfulness of the transfer of ownership to a third party following the enforcement of a mortgage on their family home.

    Kategorien: European Court of Justice

    Schlagwörter: consumer protection
18. 13. Juni 2025

    ECJ: No import VAT on the re-importation into the EU of good ...

    The European Court of Justice (ECJ) had to deal with questions regarding the exemption from import VAT on the re-importation into the EU of goods exempt from customs duties. Specifically, whether the import VAT exemption is accessory to the exemption from customs duties for re-imported goods or if both exemptions are to be applied independently.

    Kategorien: European Court of Justice

    Schlagwörter: VAT Exemption, import VAT, customs duty
19. 10. Juni 2025

    ECJ: VAT exemption for small consignments of non-commercial ...

    In a request for a preliminary ruling from Poland the European Court of Justice commented on the VAT exemption for small consignments of goods of non-commercial nature from third countries and where the recipient is residing in a Member State other than the Member State of importation.

    Kategorien: European Court of Justice

    Schlagwörter: VAT Exemption
20. 09. Mai 2025

    ECJ: Lump-sum compensation to cover losses of public transpo ...

    In a most recent decision and following a request for a preliminary ruling from the Supreme Administrative Court in Poland, the European Court of Justice addressed the question of how the subsidy of a taxable person by a local authority acting in the public interest (here: the provision of public transport) is treated for VAT purposes. In the case at hand the court decided that such compensation has no direct effect on the price of the transport services provided, the purpose of that compensation being above all to cover the losses linked to that activity.

    Kategorien: European Court of Justice

    Schlagwörter: Public Services, local public transport
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