Feudi di San Gregorio Aziende Agricole ( - - Judgment) French Text [2024] EUECJ C-341/22 (07 March 2024)

Feudi di San Gregorio Aziende Agricole ( - - Judgment) French Text [2024] EUECJ C-341/22 (07 March 2024)

Article 9(1) of Directive 2006/112/EC does not permit denial of taxable person status or the right to deduct VAT solely because the value of taxable transactions does not reach a national revenue threshold; such denial is incompatible with EU law unless fraud or abuse is established by objective evidence. National...

Source-derived case information.

Citation
[2024] EUECJ C-341/22
Parties
Applicant: Feudi di San Gregorio Aziende Agricole SpA; Respondent: Agenzia delle Entrate
Jurisdiction
European Union
Procedural Posture
Preliminary Reference (renvoi Préjudiciel) / Judgment on Reference From Corte Suprema Di Cassazione (italy)
Outcome
Reference answered; national law incompatible with EU law as interpreted.
Legal Topics
Value Added Tax (vat), Right to Deduct VAT, Principle of Neutrality, Principle of Proportionality, Abuse of Law, Fraud Prevention, Legal Certainty, Legitimate Expectation
European Union Law Tax Law Value Added Tax (vat) Right to Deduct VAT Principle of Neutrality Principle of Proportionality Abuse of Law Fraud Prevention +2 more

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Parties

Feudi di San Gregorio Aziende Agricole SpA

Applicant

Agenzia delle Entrate

Respondent

Procedural Posture

Preliminary Reference (renvoi Préjudiciel) / Judgment on Reference From Corte Suprema Di Cassazione (italy)

  1. 1 Whether Article 9(1) of Directive 2006/112/EC allows denial of VAT taxable person status based on insufficient economic activity as defined by national law.
  2. 2 Whether Article 167 of Directive 2006/112/EC and the principles of VAT neutrality and proportionality permit national law to deny the right to deduct input VAT based on insufficient output transactions.
  3. 3 Whether such national law violates principles of legal certainty and legitimate expectation.

Ratio Decidendi

Article 9(1) of Directive 2006/112/EC does not permit denial of taxable person status or the right to deduct VAT solely because the value of taxable transactions does not reach a national revenue threshold; such denial is incompatible with EU law unless fraud or abuse is established by objective evidence. National legislation that systematically denies VAT deduction rights based on insufficient output transactions, without proof of fraud or abuse, violates the principles of neutrality and proportionality.

Court Disposition

Reference answered; national law incompatible with EU law as interpreted.

Orders

  • Article 9(1) of Directive 2006/112/EC does not allow denial of taxable person status or VAT deduction rights based on insufficient revenue thresholds.
  • Article 167 of Directive 2006/112/EC and the principles of neutrality and proportionality preclude national law denying VAT deduction rights for insufficient output transactions.