Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 29 June 2011 — J.J. Komen en Zonen Beheer Heerhugowaard B.V. v Staatssecretaris van Financiën

(Case C-326/11)

2011/C 269/57

Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Appellant: J.J. Komen en Zonen Beheer Heerhugowaard B.V.

Respondent: Staatssecretaris van Financiën

Question referred

Must Article 13B(g), in conjunction with Article 4(3)(a), of the Sixth Directive (1) be interpreted as meaning that the supply of a building in respect of which, prior to its supply, the vendor had transformation work carried out with a view to the creation of a new building (refurbishment), work which was continued and completed by the purchaser after its supply, is not exempt from VAT?

(1)  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).