CELEX: 62011CB0069
Language: en
Date: 2011-12-09 00:00:00
Title: Case C-69/11: Order of the Court (Eighth Chamber) of 9 December 2011 (reference for a preliminary ruling from the Rechtbank van eerste aanleg te Brugge — Belgium) — Connoisseur Belgium BVBA v Belgische Staat (Article 104(3), first subparagraph, of the Rules of Procedure — Sixth VAT Directive — Article 11.A(1)(a) — Taxable amount — Costs not charged by the taxable person)

10.3.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 73/11
            
         Order of the Court (Eighth Chamber) of 9 December 2011 (reference for a preliminary ruling from the Rechtbank van eerste aanleg te Brugge — Belgium) — Connoisseur Belgium BVBA v Belgische Staat
   (Case C-69/11) (1)
   
   (Article 104(3), first subparagraph, of the Rules of Procedure - Sixth VAT Directive - Article 11.A(1)(a) - Taxable amount - Costs not charged by the taxable person)
   2012/C 73/19
   Language of the case: Dutch
   
      Referring court
   
   Rechtbank van eerste aanleg te Brugge
   
      Parties to the main proceedings
   
   
      Applicant: Connoisseur Belgium BVBA
   
      Defendant: Belgische Staat
   
      Re:
   
   Reference for a preliminary ruling — Rechtbank van eerste aanleg te Brugge — Interpretation of Article 11.A(1)(a) 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) and of Article 73 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1) — Hiring-out of pleasure craft — Agreement on the allocation of costs between the undertaking providing the craft for hire and the undertaking which hires them — Possibility of charging certain costs to the hiring undertaking — No charge made — National provision requiring VAT to be paid on those costs which are not charged
   
      Operative part of the order
   
   Article 11.A(1)(a) 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 must be interpreted as meaning that, in circumstances such as those in the main proceedings, value added tax is not due on costs or amounts which could contractually have been charged to the other contracting party but which were not so charged.
   
      (1)  OJ C 145, 14.5.2011.