Questione giuridica chiave
Whether export subsidies under the 'Schoggigesetz' are subsidies or public contributions under Art. 26(6)(b) MWSTV.
Decisione estratta
Yes. The export contributions are public subsidies because they are paid without a direct exchange of services and serve an agrarian-policy objective in the public interest.
Motivazione estratta
The payments are not consideration for a taxable supply; they offset price differences for raw materials and are granted solely to promote exports, so they fall within the subsidy concept developed in the court's case law.