Promexor Trade (Judgment) French Text [2021] EUECJ C-358/20 (18 November 2021)

Promexor Trade (Judgment) French Text [2021] EUECJ C-358/20 (18 November 2021)

EU law does not preclude national legislation that allows tax authorities to require a taxpayer whose VAT identification was cancelled for non-filing of taxable transactions to collect and remit VAT, provided the taxpayer can seek re-identification and retroactively deduct input VAT. Systematic refusal of...

Source-derived case information.

Citation
[2021] EUECJ C-358/20
Parties
Applicant: Promexor Trade SRL; Respondent: Direcția Generală a Finanțelor Publice Cluj – Administrația Județeană a Finanțelor Publice Bihor; Intervener: Commission européenne
Jurisdiction
European Union
Procedural Posture
Preliminary Ruling (renvoi Préjudiciel) / Final Judgment
Outcome
Preliminary ruling: EU law does not preclude the national measure under the stated conditions.
Legal Topics
Value Added Tax (vat), Right to Deduct VAT, VAT Identification Number Cancellation, Principles of Fiscal Neutrality, Legal Certainty, Legitimate Expectation, Proportionality
European Union Law Tax Law Value Added Tax (vat) Right to Deduct VAT VAT Identification Number Cancellation Principles of Fiscal Neutrality, Legal Certainty, Legitimate Expectation, Proportionality

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Parties

Promexor Trade SRL

Applicant

Direcția Generală a Finanțelor Publice Cluj – Administrația Județeană a Finanțelor Publice Bihor

Respondent

Commission européenne

Intervener

Procedural Posture

Preliminary Ruling (renvoi Préjudiciel) / Final Judgment

  1. 1 Whether EU VAT Directive and principles of neutrality, legal certainty, legitimate expectation, and proportionality preclude national rules that require a taxpayer whose VAT identification was cancelled to collect and remit VAT without right to deduction, especially where re-identification is denied for formal reasons.

Ratio Decidendi

EU law does not preclude national legislation that allows tax authorities to require a taxpayer whose VAT identification was cancelled for non-filing of taxable transactions to collect and remit VAT, provided the taxpayer can seek re-identification and retroactively deduct input VAT. Systematic refusal of re-identification based solely on formal grounds, such as the administrator's association with an insolvent company, is not justified.

Court Disposition

Preliminary ruling: EU law does not preclude the national measure under the stated conditions.

Orders

  • Articles 168, 213(1), 214(1), and 273 of Directive 2006/112/CE, as amended, and the principle of VAT neutrality, read in light of legal certainty, legitimate expectation, and proportionality, do not preclude national law requiring a taxpayer whose VAT identification was cancelled for non-filing to collect and remit...