Boehringer Ingelheim (Judgment) French Text [2021] EUECJ C-717/19 (06 October 2021)

Boehringer Ingelheim (Judgment) French Text [2021] EUECJ C-717/19 (06 October 2021)

Article 90(1) of Directive 2006/112/EC precludes national legislation that denies a VAT base reduction for amounts paid by a pharmaceutical company to a state health insurance body under a voluntary agreement, even if not set by the company's commercial policy or for promotional purposes, as long as the company does...

Source-derived case information.

Citation
[2021] EUECJ C-717/19
Parties
Applicant: Boehringer Ingelheim RCV GmbH & Co. KG Magyarországi Fióktelepe; 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
Reference for a preliminary ruling answered; national legislation incompatible with Directive 2006/112/EC as interpreted.
Legal Topics
Value Added Tax (vat), Directive 2006/112/ec, Reduction of Taxable Amount, Administrative Formalities, Principle of Fiscal Neutrality, Principle of Proportionality
European Union Law Tax Law Value Added Tax (vat) Directive 2006/112/ec Reduction of Taxable Amount Administrative Formalities Principle of Fiscal Neutrality Principle of Proportionality

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Parties

Boehringer Ingelheim RCV GmbH & Co. KG Magyarországi Fióktelepe

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 Article 90(1) of Directive 2006/112/EC precludes national legislation preventing a pharmaceutical company from reducing its VAT taxable base by amounts paid to a state health insurance body under a voluntary agreement, on the grounds that such payments are not determined by the company's commercial policy or for promotional purposes.
  2. 2 Whether Article 273 of Directive 2006/112/EC precludes national legislation requiring a specific invoice as a condition for post-transaction VAT base reduction, even when other reliable documentation exists.

Ratio Decidendi

Article 90(1) of Directive 2006/112/EC precludes national legislation that denies a VAT base reduction for amounts paid by a pharmaceutical company to a state health insurance body under a voluntary agreement, even if not set by the company's commercial policy or for promotional purposes, as long as the company does not ultimately receive the full consideration. Article 273 precludes requiring a specific invoice as the sole means of proof for such reduction when other reliable documentation exists.

Court Disposition

Reference for a preliminary ruling answered; national legislation incompatible with Directive 2006/112/EC as interpreted.

Orders

  • Article 90(1) of Directive 2006/112/EC precludes national rules denying VAT base reduction for amounts paid to a state health insurance body under a voluntary agreement not set by the company's commercial policy or for promotional purposes.
  • Article 90(1) and Article 273 of Directive 2006/112/EC preclude national rules requiring a specific invoice as a condition for VAT base reduction when other reliable documentation exists.