Novo Nordisk (TVA - Contributions payees en vertu d'une obligation legale) (VAT - Reduction of the taxable amount in the event of a price reduction after the time when the transaction was carried out - Judgment) French Text [2024] EUECJ C-248/23 (12 September 2024)

Novo Nordisk (TVA - Contributions payees en vertu d'une obligation legale) (VAT - Reduction of the taxable amount in the event of a price reduction after the time when the transaction was carried out - Judgment) French Text [2024] EUECJ C-248/23 (12 September 2024)

Article 90(1) of Directive 2006/112/EC precludes national legislation that denies a pharmaceutical company the right to reduce the VAT taxable amount by the amount of mandatory payments made to a state health insurance body after the sale of subsidized pharmaceuticals, as these payments constitute a reduction of the...

Source-derived case information.

Citation
[2024] EUECJ C-248/23
Parties
Applicant: Novo Nordisk A/S; Respondent: Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Jurisdiction
European Union
Procedural Posture
Preliminary Ruling / Final Judgment
Outcome
preliminary ruling in favor of applicant
Legal Topics
Value Added Tax (vat), Reduction of Taxable Amount, Pharmaceutical Regulation, Public Health Funding
European Union Law Tax Law Value Added Tax (vat) Reduction of Taxable Amount Pharmaceutical Regulation Public Health Funding

Source-derived case record

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Parties

Novo Nordisk A/S

Applicant

Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága

Respondent

Procedural Posture

Preliminary Ruling / Final Judgment

  1. 1 Whether Article 90(1) of Directive 2006/112/EC precludes national legislation denying a pharmaceutical company a reduction of the VAT taxable amount for mandatory payments to a state health insurance body after the transaction.

Ratio Decidendi

Article 90(1) of Directive 2006/112/EC precludes national legislation that denies a pharmaceutical company the right to reduce the VAT taxable amount by the amount of mandatory payments made to a state health insurance body after the sale of subsidized pharmaceuticals, as these payments constitute a reduction of the price actually received.

Court Disposition

preliminary ruling in favor of applicant

Orders

  • Article 90(1) of Directive 2006/112/EC must be interpreted as precluding national legislation that denies a reduction of the VAT taxable amount for mandatory payments made by pharmaceutical companies to state health insurance bodies after the sale of subsidized pharmaceuticals.