Pharmacie populaire - La Sauvegarde (Judgment) French Text [2022] EUECJ C-52/21 (24 February 2022)

Pharmacie populaire - La Sauvegarde (Judgment) French Text [2022] EUECJ C-52/21 (24 February 2022)

A Member State cannot require companies to submit tax documentation for services purchased from providers in another Member State, under penalty of a tax surcharge of 50% or 100% of the service value, when no equivalent obligation exists for domestic providers subject to comparable accounting and VAT rules. Such a...

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Citation
[2022] EUECJ C-52/21
Parties
Applicant: Pharmacie populaire – La Sauvegarde SCRL; Applicant: Pharma Santé – Réseau Solidaris SCRL; Respondent: État belge
Jurisdiction
European Union
Procedural Posture
Preliminary Ruling (renvoi Préjudiciel) / Judgment on Reference From Cour D'appel De Liège
Outcome
Article 56 TFEU precludes the Belgian legislation and practice at issue.
Legal Topics
Free Movement of Services, Corporate Tax, Administrative Obligations, Proportionality, Justification of Restrictions
European Union Law Tax Law Free Movement of Services Corporate Tax Administrative Obligations Proportionality Justification of Restrictions

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Parties

Pharmacie populaire – La Sauvegarde SCRL

Applicant

Pharma Santé – Réseau Solidaris SCRL

Applicant

État belge

Respondent

Procedural Posture

Preliminary Ruling (renvoi Préjudiciel) / Judgment on Reference From Cour D'appel De Liège

  1. 1 Does Article 56 TFEU preclude national legislation requiring companies purchasing services from providers in another Member State to submit specific tax documentation, under penalty of a tax surcharge, when no equivalent obligation exists for domestic transactions?

Ratio Decidendi

A Member State cannot require companies to submit tax documentation for services purchased from providers in another Member State, under penalty of a tax surcharge of 50% or 100% of the service value, when no equivalent obligation exists for domestic providers subject to comparable accounting and VAT rules. Such a regime constitutes a restriction on the free movement of services under Article 56 TFEU, and the sanction is disproportionate to the stated objective of effective tax control.

Court Disposition

Article 56 TFEU precludes the Belgian legislation and practice at issue.

Orders

  • Article 56 TFEU must be interpreted as precluding national rules requiring companies to submit tax documentation for cross-border services, under penalty of a tax surcharge, when no equivalent obligation exists for domestic services.