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Document 62015CA0229
Case C-229/15: Judgment of the Court (Tenth Chamber) of 16 June 2016 (request for a preliminary ruling from the Naczelny Sąd Administracyjny — Poland) — Minister Finansów v Jan Mateusiak (Reference for a preliminary ruling — Taxation — Value added tax — Directive 2006/112/EC — Articles 18(c), 184 and 187 — Taxable transactions — Cessation of the taxable economic activity — Retention of goods on which VAT became deductible — Adjustment of deductions — Adjustment period — Taxation pursuant to Article 18(c) of Directive 2006/112 on expiry of the adjustment period)
Case C-229/15: Judgment of the Court (Tenth Chamber) of 16 June 2016 (request for a preliminary ruling from the Naczelny Sąd Administracyjny — Poland) — Minister Finansów v Jan Mateusiak (Reference for a preliminary ruling — Taxation — Value added tax — Directive 2006/112/EC — Articles 18(c), 184 and 187 — Taxable transactions — Cessation of the taxable economic activity — Retention of goods on which VAT became deductible — Adjustment of deductions — Adjustment period — Taxation pursuant to Article 18(c) of Directive 2006/112 on expiry of the adjustment period)
Case C-229/15: Judgment of the Court (Tenth Chamber) of 16 June 2016 (request for a preliminary ruling from the Naczelny Sąd Administracyjny — Poland) — Minister Finansów v Jan Mateusiak (Reference for a preliminary ruling — Taxation — Value added tax — Directive 2006/112/EC — Articles 18(c), 184 and 187 — Taxable transactions — Cessation of the taxable economic activity — Retention of goods on which VAT became deductible — Adjustment of deductions — Adjustment period — Taxation pursuant to Article 18(c) of Directive 2006/112 on expiry of the adjustment period)
OJ C 305, 22.8.2016, p. 10–11
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
- Date of document:
- 16/06/2016
- Date lodged:
- 19/05/2015
- Author:
- Court of Justice
- Form:
- Judicial information
- Authentic language:
- Polish
- Type of procedure:
- Reference for a preliminary ruling
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- Related EU case-law document 62015CJ0229
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|
22.8.2016 |
EN |
Official Journal of the European Union |
C 305/10 |
Judgment of the Court (Tenth Chamber) of 16 June 2016 (request for a preliminary ruling from the Naczelny Sąd Administracyjny — Poland) — Minister Finansów v Jan Mateusiak
(Case C-229/15) (1)
((Reference for a preliminary ruling - Taxation - Value added tax - Directive 2006/112/EC - Articles 18(c), 184 and 187 - Taxable transactions - Cessation of the taxable economic activity - Retention of goods on which VAT became deductible - Adjustment of deductions - Adjustment period - Taxation pursuant to Article 18(c) of Directive 2006/112 on expiry of the adjustment period))
(2016/C 305/15)
Language of the case: Polish
Referring court
Naczelny Sąd Administracyjny
Parties to the main proceedings
Applicant: Minister Finansów
Defendant: Jan Mateusiak
Operative part of the judgment
Article 18(c) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, as amended by Council Directive 2009/162/EU of 22 December 2009, must be interpreted as meaning that, when a taxable person ceases to carry out a taxable economic activity, the retention of goods by that taxable person, where valued added tax on such goods became deductible upon their acquisition, can be treated as a supply of goods for consideration and be subject to value added tax if the adjustment period laid down in Article 187 of Directive 2006/112, as amended by Directive 2009/162, has passed.
