Judgment of the Court (Seventh Chamber) of 28 February 2012.#European Commission v French Republic.#Failure of a Member State to fulfil obligations — Directive 2006/112/EC — Articles 99 and 110 — Value added tax — Reduced rate — Application of a reduced rate for admission to the first performances of concerts held in establishments providing refreshments during the performance.#Case C‑119/11.

Subject of the case

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 99 and 110 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1) — Application of a reduced rate of VAT of 2.10% for admission to the first performances of concerts given in establishments serving refreshments during the performance — Prohibition of extending the scope of an original derogation after reducing its ambit.

Operative part

Operative part

The Court:

1. Declares that, by applying, since 1 January 2007, a reduced rate of value added tax of 2.10% to revenue from admission to the first performances of concerts given in establishments in which refreshments are served on request during the performance, the French Republic has failed to fulfil its obligations under Articles 99 and 110 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax;

2. Orders the French Republic to pay the costs.