ECLI:EU:C:2010:817•Judgment of the Court (Third Chamber) of 22 December 2010.#European Commission v Republic of Austria.#Failure of a Member State to fulfil obligations - Taxation - Directive 2006/112/EC - VAT - Taxable amount - Tax on the delivery of vehicles not yet registered in the Member State based on their value and their average consumption - 'Normverbrauchsabgabe.#Case C-433/09.
Judgment of the Court (Third Chamber) of 22 December 2010.#European Commission v Republic of Austria.#Failure of a Member State to fulfil obligations - Taxation - Directive 2006/112/EC - VAT - Taxable amount - Tax on the delivery of vehicles not yet registered in the Member State based on their value and their average consumption - 'Normverbrauchsabgabe.#Case C-433/09.
ECLI:EU:C:2010:817Eu Chamb 03 CDec 22, 2010
Full text
Subject of the case
Operative part
Subject of the case
Re:
Failure of Member State to fulfil obligations – Infringement of Articles 78 and 79 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1) – Sale of a motor vehicle – Inclusion in the taxable amount of a tax on the delivery of vehicles not yet registered in the Member State concerned on the basis of their value and their average consumption (‘Normverbrauschasbgage’).
Operative part
Operative part
The Court:
1. Declares that, by including the standard consumption tax (‘Normverbrauchsabgabe’) in the taxable amount of value added tax levied in Austria on the delivery of a motor vehicle, the Republic of Austria has failed to fulfil its obligations under Article 78 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax;
2. Dismisses the remainder of the action;
3. Orders the Commission and the Republic of Austria to bear their own costs.
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.