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Document C2006/224/20

    Case C-89/05: Judgment of the Court (Second Chamber) of 13 July 2006 (reference for a preliminary ruling from the House of Lords — United Kingdom) — United Utilities plc v Commissioners of Customs & Excise (Sixth VAT Directive — Article 13B(f) — Exemption for games of chance — Scope — Activity of a call centre)

    OJ C 224, 16.9.2006, p. 11–12 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

    16.9.2006   

    EN

    Official Journal of the European Union

    C 224/11


    Judgment of the Court (Second Chamber) of 13 July 2006 (reference for a preliminary ruling from the House of Lords — United Kingdom) — United Utilities plc v Commissioners of Customs & Excise

    (Case C-89/05) (1)

    (Sixth VAT Directive - Article 13B(f) - Exemption for games of chance - Scope - Activity of a call centre)

    (2006/C 224/20)

    Language of the case: English

    Referring court

    House of Lords

    Parties to the main proceedings

    Applicant: United Utilities plc

    Defendant: Commissioners of Customs & Excise

    Re:

    Reference for a preliminary ruling — House of Lords — Interpretation of Article 13B(f) of Directive 77/388/EEC: Sixth Council Directive 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) — Exemption of betting, lotteries and other forms of gambling — Applicability to supplies of services by a third company which accepts bets made by telephone on behalf of another company

    Operative part of the judgment

    Article 13B(f) 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 the provision of call centre services to a telephone bookmaking organiser, which entails the staff of the supplier of those services accepting bets on behalf of the organiser, does not constitute a betting transaction within the meaning of that provision and cannot, therefore, qualify for the exemption from VAT laid down by that provision.


    (1)  OJ C 106, 30.4.2005.


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