Mitliv Exim (Order) French Text [2021] EUECJ C-81/20_CO (22 June 2021)

Mitliv Exim (Order) French Text [2021] EUECJ C-81/20_CO (22 June 2021)

Articles 2 and 63 of Directive 2006/112/EC must be interpreted as meaning that, once taxable transactions have occurred and VAT is due, a payment—even if provisional—made to honor the corresponding tax debt cannot be considered undue and does not generate interest for the taxpayer who made it.

Source-derived case information.

Citation
[2021] EUECJ C-81/20_CO
Parties
Applicant: SC Mitliv Exim SRL; Respondent: Agenţia Naţională de Administrare Fiscală; Respondent: Direcţia Generală de Administrare a Marilor Contribuabili
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Order on Admissibility and Merits
Outcome
Preliminary reference partly inadmissible; on the merits, taxpayer not entitled to interest on VAT paid provisionally.
Legal Topics
VAT (value Added Tax), Ne Bis in Idem, Civil and Administrative Penalties, Interest on Tax Payments, Preliminary Reference Procedure
European Union Law Tax Law Criminal Law VAT (value Added Tax) Ne Bis in Idem Civil and Administrative Penalties Interest on Tax Payments Preliminary Reference Procedure

Source-derived case record

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Parties

SC Mitliv Exim SRL

Applicant

Agenţia Naţională de Administrare Fiscală

Respondent

Direcţia Generală de Administrare a Marilor Contribuabili

Respondent

Procedural Posture

Preliminary Reference / Order on Admissibility and Merits

  1. 1 Whether EU law precludes national rules allowing parallel administrative and criminal sanctions for the same VAT fraud acts (ne bis in idem)
  2. 2 Whether a taxpayer is entitled to interest on sums paid provisionally in a criminal procedure before tax is formally assessed

Ratio Decidendi

Articles 2 and 63 of Directive 2006/112/EC must be interpreted as meaning that, once taxable transactions have occurred and VAT is due, a payment—even if provisional—made to honor the corresponding tax debt cannot be considered undue and does not generate interest for the taxpayer who made it.

Court Disposition

Preliminary reference partly inadmissible; on the merits, taxpayer not entitled to interest on VAT paid provisionally.

Orders

  • Articles 2 and 63 of Directive 2006/112/EC interpreted as meaning that, once taxable transactions have occurred and VAT is due, a payment—even if provisional—made to honor the corresponding tax debt cannot be considered undue and does not generate interest for the taxpayer.