Aquila Part Prod Com (VAT - Right to deduct VAT - consideration of an infringement of obligations arising from national provisions and EU law on the safety of the food chain - Judgment) French Text [2022] EUECJ C-512/21 (01 December 2022)

Aquila Part Prod Com (VAT - Right to deduct VAT - consideration of an infringement of obligations arising from national provisions and EU law on the safety of the food chain - Judgment) French Text [2022] EUECJ C-512/21 (01 December 2022)

The right to deduct VAT cannot be refused solely because a transaction is part of a circular invoicing chain; authorities must prove, with objective evidence, both the existence of fraud and that the taxable person knew or should have known of the fraud. Knowledge of fraud by a mandatary's representative can be...

Source-derived case information.

Citation
[2022] EUECJ C-512/21
Parties
Applicant: Aquila Part Prod Com SA; Respondent: Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Jurisdiction
European Union
Procedural Posture
Preliminary Reference (renvoi Préjudiciel) / Judgment of the Court of Justice of the European Union
Outcome
Questions answered; interpretation of EU law provided to referring court.
Legal Topics
VAT Deduction, Tax Fraud, Food Chain Safety, Burden of Proof, Right to a Fair Trial, Neutrality of VAT, Proportionality, Evidence in Tax Matters
Tax Law European Union Law VAT Deduction Tax Fraud Food Chain Safety Burden of Proof Right to a Fair Trial Neutrality of VAT +2 more

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Parties

Aquila Part Prod Com SA

Applicant

Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága

Respondent

Procedural Posture

Preliminary Reference (renvoi Préjudiciel) / Judgment of the Court of Justice of the European Union

  1. 1 Whether the right to deduct VAT can be refused solely on the basis of participation in a circular invoicing chain without identifying all fraud participants and their actions.
  2. 2 Whether knowledge of fraud by a legal representative of a mandatary can be imputed to the principal for VAT purposes.
  3. 3 Extent of due diligence required from a taxable person to avoid participation in VAT fraud.

Ratio Decidendi

The right to deduct VAT cannot be refused solely because a transaction is part of a circular invoicing chain; authorities must prove, with objective evidence, both the existence of fraud and that the taxable person knew or should have known of the fraud. Knowledge of fraud by a mandatary's representative can be imputed to the principal, regardless of national mandate rules. Taxable persons must exercise reasonable diligence but are not required to perform complex investigations. Breaches of food chain safety rules alone do not justify refusal of VAT deduction but may be considered as evidence if contestable in court.

Court Disposition

Questions answered; interpretation of EU law provided to referring court.

Orders

  • Directive 2006/112/EC precludes refusal of VAT deduction solely on the basis of participation in a circular invoicing chain.
  • Authorities must prove both the existence of fraud and the taxable person's knowledge or participation.