CELEX: 62009CO0381
Language: en
Date: 2010-07-07 00:00:00
Title: Order of the Court (Seventh Chamber) of 7 July 2010.#Gennaro Curia v Ministero dell'Economia e delle Finanze and Agenzia delle Entrate.#Reference for a preliminary ruling: Corte suprema di cassazione - Italy.#Article 104(3), paragraph 1 of the Rules of Procedure - Sixth VAT Directive - Scope - VAT exemptions - Article 13B(d)(1) - Grant, negotiation and management of credit - Exorbitant lending activities - Activity unlawful under national law.#Case C-381/09.

Order of the Court (Seventh Chamber) of 7 July 2010 – Gennaro Curia v Ministero dell’Economia e delle Finanze and Agenzia
            delle Entrate
      (Case C-381/09)
      Article 104(3), first subparagraph, of the Rules of Procedure – Sixth VAT Directive – Scope – VAT exemptions – Article 13B(d)(1) – Grant, negotiation and management of credit – Exorbitant lending activities – Activity unlawful under national law
      1.                     Tax provisions – Harmonisation of laws – Turnover taxes – Common system of value added tax – Substantive scope (Council Directive
            77/388) (see paras 18-20, operative part)
      2.                     Tax provisions – Harmonisation of laws – Turnover taxes – Common system of value added tax – Exemptions provided for in the
            Sixth Directive – Exemption for transactions involving the granting of credit (Council Directive 77/388, Art. 13B(d), para. 1)
            (see paras 18-20, operative part)
      Re: 
      
         
               Reference for a preliminary ruling – Interpretation of Article 13B(d)(3) of Sixth Council Directive 77/388/EEC of 17 May 1977
                  on the harmonisation of the laws of the Member States relating to turnover taxes – Common system of value added tax: uniform
                  basis of assessment (OJ 1977 L 145, p. 1) – Exemptions – Transactions consisting in the grant, negotiation and management
                  of credit – Exorbitant lending activities, unlawful activity according to national law.
               
            Operative part 
      Although exorbitant lending is a criminal offence under the national criminal code it falls, its illegality notwithstanding,
         within the scope of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States
         relating to turnover taxes – Common system of value added tax: uniform basis of assessment. Article 13B(d)(1) of that directive
         must be interpreted as meaning that a Member State cannot impose value added tax on that activity when the corresponding lawful
         activity of money lending at rates of interest that are not excessive is exempt from VAT.