CELEX: 62016CB0028
Language: en
Date: 2017-01-12 00:00:00
Title: Case C-28/16: Order of the Court (Sixth Chamber) of 12 January 2017 (request for a preliminary ruling from the Kúria — Hungary) — Magyar Villamos Művek Zrt. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatóság (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Value added tax — Directive 2006/112/EC — Articles 2, 9, 26, 167, 168 and 173 — Deduction of input tax — Taxable person simultaneously carrying out economic and non-economic activities — Holding company supplying services to its subsidiaries free of charge)

10.4.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 112/12
            
         Order of the Court (Sixth Chamber) of 12 January 2017 (request for a preliminary ruling from the Kúria — Hungary) — Magyar Villamos Művek Zrt. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatóság
   (Case C-28/16) (1)
   
   ((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Value added tax - Directive 2006/112/EC - Articles 2, 9, 26, 167, 168 and 173 - Deduction of input tax - Taxable person simultaneously carrying out economic and non-economic activities - Holding company supplying services to its subsidiaries free of charge))
   (2017/C 112/17)
   Language of the case: Hungarian
   
      Referring court
   
   Kúria — Hungary
   
      Parties to the main proceedings
   
   
      Applicant: Magyar Villamos Művek Zrt.
   
      Defendant: Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatóság
   
      Operative part of the order
   
   Articles 2, 9, 26, 167, 168 and 173 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as meaning that, in so far as the involvement of a holding company, such as that at issue in the main proceedings, in the management of its subsidiaries, where it has charged those subsidiaries neither for the cost of the services procured in the interest of the group of companies as a whole or in the interest of certain of its subsidiaries, nor for the corresponding VAT, does not constitute an ‘economic activity’, within the meaning of that directive, such a holding company does not have the right to deduct input VAT paid in respect of those services in so far as those services relate to transactions falling outside the scope of that directive.
   
      (1)  OJ C 156, 2.5.2016.