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Document 62010CA0093
Case C-93/10: Judgment of the Court (Third Chamber) of 27 October 2011 (reference for a preliminary ruling from the Bundesfinanzhof — Germany) — Finanzamt Essen-NordOst v GFKL Financial Services AG (Sixth VAT Directive — Articles 2(1) and 4 — Scope — Concepts of ‘supply of services effected for consideration’ and ‘economic activity’ — Sale of defaulted debts — Sale price lower than the face value of those debts — Assumption of responsibility by the purchaser for the recovery of those debts and for the risk of defaulting debtors)
Case C-93/10: Judgment of the Court (Third Chamber) of 27 October 2011 (reference for a preliminary ruling from the Bundesfinanzhof — Germany) — Finanzamt Essen-NordOst v GFKL Financial Services AG (Sixth VAT Directive — Articles 2(1) and 4 — Scope — Concepts of ‘supply of services effected for consideration’ and ‘economic activity’ — Sale of defaulted debts — Sale price lower than the face value of those debts — Assumption of responsibility by the purchaser for the recovery of those debts and for the risk of defaulting debtors)
Case C-93/10: Judgment of the Court (Third Chamber) of 27 October 2011 (reference for a preliminary ruling from the Bundesfinanzhof — Germany) — Finanzamt Essen-NordOst v GFKL Financial Services AG (Sixth VAT Directive — Articles 2(1) and 4 — Scope — Concepts of ‘supply of services effected for consideration’ and ‘economic activity’ — Sale of defaulted debts — Sale price lower than the face value of those debts — Assumption of responsibility by the purchaser for the recovery of those debts and for the risk of defaulting debtors)
OJ C 370, 17.12.2011, p. 12–12
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
|
17.12.2011 |
EN |
Official Journal of the European Union |
C 370/12 |
Judgment of the Court (Third Chamber) of 27 October 2011 (reference for a preliminary ruling from the Bundesfinanzhof — Germany) — Finanzamt Essen-NordOst v GFKL Financial Services AG
(Case C-93/10) (1)
(Sixth VAT Directive - Articles 2(1) and 4 - Scope - Concepts of ‘supply of services effected for consideration’ and ‘economic activity’ - Sale of defaulted debts - Sale price lower than the face value of those debts - Assumption of responsibility by the purchaser for the recovery of those debts and for the risk of defaulting debtors)
2011/C 370/17
Language of the case: German
Referring court
Bundesfinanzhof
Parties to the main proceedings
Appellant: Finanzamt Essen-NordOst
Respondent: GFKL Financial Services AG
Re:
Reference for a preliminary ruling — Bundesfinanzhof — Interpretation of Articles 2(1), 4, 11A(1)(a) and 13B(d)(2) and (3) 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) — Concepts of supply of services for consideration and economic activity — Factoring — Purchase of risky debts at a price calculated by reference to the probability of debtors’ default — Assumption by the factor of responsibility for recovering the debt and the risk of default
Operative part of the judgment
Articles 2(1) and 4 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 an operator who, at his own risk, purchases defaulted debts at a price below their face value does not effect a supply of services for consideration within the meaning of Article 2(1) and does not carry out an economic activity falling within the scope of that directive when the difference between the face value of those debts and their purchase price reflects the actual economic value of the debts at the time of their assignment.