Veronsaajien oikeudenvalvontayksikko (Service d'hebergement en centre de donnees) (Judgment) French Text [2020] EUECJ C-215/19 (02 July 2020)

Veronsaajien oikeudenvalvontayksikko (Service d'hebergement en centre de donnees) (Judgment) French Text [2020] EUECJ C-215/19 (02 July 2020)

Data centre colocation services, where the provider supplies racks and ancillary services (electricity, climate control, security, etc.) but does not grant the customer a passive right to occupy a defined part of immovable property as owner nor exclusive use of a specific part of the building, do not constitute a...

Source-derived case information.

Citation
[2020] EUECJ C-215/19
Parties
Applicant: Veronsaajien oikeudenvalvontayksikkö; Respondent: A Oy
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Judgment
Outcome
Reference for a preliminary ruling answered; data centre colocation services as described do not qualify as VAT-exempt letting of immovable property nor as services connected with immovable property under the relevant EU provisions.
Legal Topics
Value Added Tax (vat), Exemption From VAT, Definition of Immovable Property, Place of Supply of Services, Data Centre Services
European Union Law Tax Law Value Added Tax (vat) Exemption From VAT Definition of Immovable Property Place of Supply of Services Data Centre Services

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Parties

Veronsaajien oikeudenvalvontayksikkö

Applicant

A Oy

Respondent

Procedural Posture

Preliminary Reference / Judgment

  1. 1 Whether data centre colocation services constitute a VAT-exempt letting of immovable property under Article 135(1)(l) of Directive 2006/112/EC
  2. 2 Whether such services are 'services connected with immovable property' under Article 47 of Directive 2006/112/EC

Ratio Decidendi

Data centre colocation services, where the provider supplies racks and ancillary services (electricity, climate control, security, etc.) but does not grant the customer a passive right to occupy a defined part of immovable property as owner nor exclusive use of a specific part of the building, do not constitute a VAT-exempt letting of immovable property under Article 135(1)(l) of Directive 2006/112/EC, nor are they 'services connected with immovable property' under Article 47 of the Directive.

Court Disposition

Reference for a preliminary ruling answered; data centre colocation services as described do not qualify as VAT-exempt letting of immovable property nor as services connected with immovable property under the relevant EU provisions.

Orders

  • Article 135(1)(l) of Directive 2006/112/EC does not apply to data centre colocation services as described.
  • Article 47 of Directive 2006/112/EC and Article 31 bis of Regulation (EU) No 282/2011 do not apply to such services unless the customer has exclusive use of a defined part of the immovable property, which is for the referring court to verify.