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Document 62024CN0565
Case C-565/24, P-GmbH & Co. KG: Request for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 21 August 2024 – P-GmbH & Co. KG v Finanzamt Q
Case C-565/24, P-GmbH & Co. KG: Request for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 21 August 2024 – P-GmbH & Co. KG v Finanzamt Q
Case C-565/24, P-GmbH & Co. KG: Request for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 21 August 2024 – P-GmbH & Co. KG v Finanzamt Q
OJ C, C/2024/6917, 25.11.2024, ELI: http://data.europa.eu/eli/C/2024/6917/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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Official Journal |
EN C series |
C/2024/6917 |
25.11.2024 |
Request for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 21 August 2024 – P-GmbH & Co. KG v Finanzamt Q
(Case C-565/24, P-GmbH & Co. KG)
(C/2024/6917)
Language of the case: German
Referring court
Bundesfinanzhof
Parties to the main proceedings
Appellant on a point of law: P-GmbH & Co. KG
Respondent on a point of law: Finanzamt Q
Questions referred
1. |
Does an ‘excursion organised by the trader away from his business premises’ within the meaning of the first indent of Article 1(1) of Directive 85/577/EEC (1) fall within the scope of ‘transactions performed by the travel agent in respect of a journey’ within the meaning of the first sentence of Article 26(2) of Directive 77/388/EEC? (2) |
2. |
If the first question is to be answered in the affirmative: Is the special scheme for travel agents under Article 26 of Directive 77/388/EEC applicable even if the margin, which is the taxable amount under the third sentence of Article 26(2) of Directive 77/388/EEC, is negative because the actual cost exceeds the ‘total amount’ to be paid by the traveller ‘exclusive of value added tax’? |
3. |
If the first and second questions are to be answered in the affirmative: Is the first sentence of Article 12(1) of Directive 77/388/EEC applicable to the margin, which is the taxable amount within the meaning of the third sentence of Article 26(2) of Directive 77/388/EEC, even if the margin is negative, such that a negative margin results in a refund to the taxable person? |
(1) Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises (OJ 1985 L 372, p. 31).
(2) Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization 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).
ELI: http://data.europa.eu/eli/C/2024/6917/oj
ISSN 1977-091X (electronic edition)