Golfclub Schloss Igling (Judgment) French Text [2020] EUECJ C-488/18 (10 December 2020)

Golfclub Schloss Igling (Judgment) French Text [2020] EUECJ C-488/18 (10 December 2020)

Article 132(1)(m) of Directive 2006/112/EC does not have direct effect because it leaves Member States discretion as to which services are exempt; thus, non-profit organizations cannot directly invoke it before national courts to claim VAT exemption for services not exempted by national law. The concept of 'organism...

Source-derived case information.

Citation
[2020] EUECJ C-488/18
Parties
Applicant: Finanzamt Kaufbeuren mit Außenstelle Füssen; Respondent: Golfclub Schloss Igling eV
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Judgment on Preliminary Questions
Outcome
Questions answered; Article 132(1)(m) of Directive 2006/112/EC does not have direct effect; 'organism without lucrative purpose' is an autonomous EU law concept with specific requirements.
Legal Topics
Value Added Tax (vat), Directive 2006/112/ec, Non Profit Organizations, Tax Exemptions, Direct Effect of Directives
European Union Law Tax Law Value Added Tax (vat) Directive 2006/112/ec Non Profit Organizations Tax Exemptions Direct Effect of Directives

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Parties

Finanzamt Kaufbeuren mit Außenstelle Füssen

Applicant

Golfclub Schloss Igling eV

Respondent

Procedural Posture

Preliminary Reference / Judgment on Preliminary Questions

  1. 1 Whether Article 132(1)(m) of Directive 2006/112/EC has direct effect allowing non-profit organizations to claim VAT exemption directly before national courts if not properly transposed
  2. 2 Whether 'organism without lucrative purpose' is an autonomous concept of EU law and what requirements it entails

Ratio Decidendi

Article 132(1)(m) of Directive 2006/112/EC does not have direct effect because it leaves Member States discretion as to which services are exempt; thus, non-profit organizations cannot directly invoke it before national courts to claim VAT exemption for services not exempted by national law. The concept of 'organism without lucrative purpose' is an autonomous EU law concept requiring that, upon dissolution, any assets exceeding members' contributions cannot be distributed to members.

Court Disposition

Questions answered; Article 132(1)(m) of Directive 2006/112/EC does not have direct effect; 'organism without lucrative purpose' is an autonomous EU law concept with specific requirements.

Orders

  • Article 132(1)(m) of Directive 2006/112/EC is not directly effective; non-profit organizations cannot directly invoke it for VAT exemption beyond national law.
  • 'Organism without lucrative purpose' under Article 132(1)(m) is an autonomous EU law concept requiring that, upon dissolution, assets beyond members' contributions cannot be distributed to members.