CHEP Equipment Pooling NV (VAT) French Text [2021] EUECJ C-396/20 (21 October 2021)

CHEP Equipment Pooling NV (VAT) French Text [2021] EUECJ C-396/20 (21 October 2021)

Article 20(1) of Directive 2008/9/EC, read in light of the principles of VAT neutrality and good administration, precludes a tax authority from limiting a VAT refund to the amount stated in the request when it is manifest from the supporting invoice that a higher amount is due, without first inviting the applicant...

Source-derived case information.

Citation
[2021] EUECJ C-396/20
Parties
Applicant: CHEP Equipment Pooling NV; Respondent: Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Jurisdiction
European Union
Procedural Posture
Preliminary Ruling (renvoi Préjudiciel) / Judgment on Reference From Kúria (hungarian Supreme Court)
Outcome
Reference answered; Article 20(1) Directive 2008/9/EC interpreted as requiring tax authorities to invite rectification before limiting refund to lower amount.
Legal Topics
VAT Refund Procedures, Directive 2008/9/ec Interpretation, Principle of VAT Neutrality, Principle of Good Administration, Procedural Deadlines and Rectification
European Union Law Tax Law VAT Refund Procedures Directive 2008/9/ec Interpretation Principle of VAT Neutrality Principle of Good Administration Procedural Deadlines and Rectification

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Parties

CHEP Equipment Pooling NV

Applicant

Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága

Respondent

Procedural Posture

Preliminary Ruling (renvoi Préjudiciel) / Judgment on Reference From Kúria (hungarian Supreme Court)

  1. 1 Whether Article 20(1) of Directive 2008/9/EC requires the tax authority to invite the applicant to rectify a VAT refund request when the amount on the invoice exceeds the amount claimed in the request.
  2. 2 Whether the authority can limit the refund to the lower amount without such invitation.

Ratio Decidendi

Article 20(1) of Directive 2008/9/EC, read in light of the principles of VAT neutrality and good administration, precludes a tax authority from limiting a VAT refund to the amount stated in the request when it is manifest from the supporting invoice that a higher amount is due, without first inviting the applicant to rectify the request; such rectification is deemed to have been made at the date of the original request.

Court Disposition

Reference answered; Article 20(1) Directive 2008/9/EC interpreted as requiring tax authorities to invite rectification before limiting refund to lower amount.

Orders

  • The referring court must apply this interpretation and decide on costs.