Federal Express Corporation Deutsche Niederlassung (Taxation - Opinion) French Text [2019] EUECJ C-26/18_O (27 February 2019)

Federal Express Corporation Deutsche Niederlassung (Taxation - Opinion) French Text [2019] EUECJ C-26/18_O (27 February 2019)

The importation of goods under Directive 2006/112/EC requires actual entry into the economic circuit of the Union; a mere risk of entry is insufficient. Where it is established that goods entered the economic circuit in a Member State other than where the customs breach occurred, VAT is due only in the Member State...

Source-derived case information.

Citation
[2019] EUECJ C-26/18_O
Parties
Applicant: Federal Express Corporation Deutsche Niederlassung; Respondent: Hauptzollamt Frankfurt am Main
Jurisdiction
European Union
Procedural Posture
Preliminary Reference (opinion of Advocate General) / Opinion Before Judgment
Outcome
First preliminary question declared inadmissible; second question answered: VAT on importation is due where goods enter the economic circuit of the Union, not where a mere risk exists or where only a customs breach occurred.
Legal Topics
Value Added Tax (vat) on Imports, Customs Debt, Double Taxation, Presumption of Entry Into Economic Circuit, Interpretation of Directive 2006/112/ec
European Union Law Tax Law Customs Law Value Added Tax (vat) on Imports Customs Debt Double Taxation Presumption of Entry Into Economic Circuit Interpretation of Directive 2006/112/ec

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Parties

Federal Express Corporation Deutsche Niederlassung

Applicant

Hauptzollamt Frankfurt am Main

Respondent

Procedural Posture

Preliminary Reference (opinion of Advocate General) / Opinion Before Judgment

  1. 1 Whether VAT on importation under Directive 2006/112/EC requires actual entry of goods into the economic circuit of the Union or if a mere risk suffices
  2. 2 Whether a breach of customs legislation alone triggers VAT liability in the Member State where the breach occurred, or only where goods enter the economic circuit

Ratio Decidendi

The importation of goods under Directive 2006/112/EC requires actual entry into the economic circuit of the Union; a mere risk of entry is insufficient. Where it is established that goods entered the economic circuit in a Member State other than where the customs breach occurred, VAT is due only in the Member State of actual entry and consumption.

Court Disposition

First preliminary question declared inadmissible; second question answered: VAT on importation is due where goods enter the economic circuit of the Union, not where a mere risk exists or where only a customs breach occurred.

Orders

  • Article 2(1)(d) of Directive 2006/112/EC, read with Articles 30 and 60, means importation requires entry into the economic circuit of the Union; presumption of entry applies where goods cease to be under a customs regime, but may be rebutted if goods entered the economic circuit in another Member State.