CELEX: 62011CB0560
Language: en
Date: 2012-12-13 00:00:00
Title: Case C-560/11: Order of the Court (Fourth Chamber) of 13 December 2012 (reference for a preliminary ruling from the Commissione tributaria provinciale di Parma (Italy)) — Danilo Debiasi v Agenzia delle Entrate Ufficio di Parma (Articles 53(2) and 94 of the Rules of Procedure of the Court — Manifest inadmissibility — Article 99 of the Rules of Procedure — Reply leaving room for no reasonable doubt — Taxation — VAT — Article 17(2)(a) of the Sixth VAT Directive — Deduction of input tax paid — Public or private healthcare establishments engaged in an exempt activity — National legislation excluding deduction of the tax on the purchase of goods or services used in exempt activities — Deductible proportion)

23.2.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 55/2
            
         Order of the Court (Fourth Chamber) of 13 December 2012 (reference for a preliminary ruling from the Commissione tributaria provinciale di Parma (Italy)) — Danilo Debiasi v Agenzia delle Entrate Ufficio di Parma
   (Case C-560/11) (1)
   
   (Articles 53(2) and 94 of the Rules of Procedure of the Court - Manifest inadmissibility - Article 99 of the Rules of Procedure - Reply leaving room for no reasonable doubt - Taxation - VAT - Article 17(2)(a) of the Sixth VAT Directive - Deduction of input tax paid - Public or private healthcare establishments engaged in an exempt activity - National legislation excluding deduction of the tax on the purchase of goods or services used in exempt activities - Deductible proportion)
   2013/C 55/02
   Language of the case: Italian
   
      Referring court
   
   Commissione tributaria provinciale di Parma (Italy)
   
      Parties to the main proceedings
   
   
      Applicant: Danilo Debiasi
   
      Defendant: Agenzia delle Entrate Ufficio di Parma
   
      Re:
   
   Reference for a preliminary ruling — Commissione tributaria provinciale di Parma — Interpretation of Article 17(2)(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) — Deduction of input tax — Public or private healthcare establishments engaged in an exempt activity — National legislation excluding the deduction of tax relating to the purchase of goods or services used in the said exempt activities
   
      Operative part of the order
   
   Articles 17(2) and (5) and 19 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 not precluding national legislation, such as that at issue in the main proceedings, which does not permit the deduction of input value added tax paid for the purchase of goods and services used for the requirements of exempt activities and which provides, consequently, that the right of a hybrid taxable person to deduct that tax is calculated on the basis of a proportion corresponding to the ratio of the amount of the transactions in respect of which there is a right to deduct and the total amount of the transactions carried out over the course of the year, including the exempt medical-healthcare services.
   
      (1)  OJ C 25, 28.1.2012.