# C_2013071EN.01000701.xml

| 9.3.2013 | EN | Official Journal of the European Union | C 71/7 |
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9.3.2013

EN

Official Journal of the European Union

C 71/7

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Reference for a preliminary ruling from Upper Tribunal (Tax and Chancery Chamber) (United Kingdom) made on 14 December 2012 — The Commissioners for Her Majesty's Revenue & Customs v GMAC UK PLC

(Case C-589/12)

2013/C 71/12

Language of the case: English

Referring court

Referring court

Upper Tribunal (Tax and Chancery Chamber)

Parties to the main proceedings

Parties to the main proceedings

Applicant: The Commissioners for Her Majesty's Revenue & Customs

Applicant:

Defendant: GMAC UK PLC

Defendant:

Questions referred

Questions referred

| 1. | To what extent is a taxable person, in relation to two transactions concerning the same goods, entitled both (i) to invoke the direct effect of one provision of EC Council Directive 77/388 (1) (‘the Sixth VAT Directive’) in respect of one transaction and (ii) to rely on the provisions of national law in relation to the other transaction, when to do so would produce an overall fiscal result in relation to the two transactions which neither national law nor the Sixth VAT Directive applied separately to those two transactions produces or is intended to produce? |
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1.

To what extent is a taxable person, in relation to two transactions concerning the same goods, entitled both (i) to invoke the direct effect of one provision of EC Council Directive 77/388 (1) (‘the Sixth VAT Directive’) in respect of one transaction and (ii) to rely on the provisions of national law in relation to the other transaction, when to do so would produce an overall fiscal result in relation to the two transactions which neither national law nor the Sixth VAT Directive applied separately to those two transactions produces or is intended to produce?

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| 2. | If the answer to Question 1 is that there are circumstances in which the taxable person would not be entitled to do so (or would not be entitled to do so to a particular extent), what are the circumstances in which this would be so and in particular what is the relationship between the two transactions which would give rise to such circumstances? |
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2.

If the answer to Question 1 is that there are circumstances in which the taxable person would not be entitled to do so (or would not be entitled to do so to a particular extent), what are the circumstances in which this would be so and in particular what is the relationship between the two transactions which would give rise to such circumstances?

| 3. | Do the answers to Questions 1 and 2 differ according to whether or not the national treatment of one transaction is in conformity with the Sixth VAT Directive? |
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3.

Do the answers to Questions 1 and 2 differ according to whether or not the national treatment of one transaction is in conformity with the Sixth VAT Directive?

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(1)  Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment OJ L 145, p. 1

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