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Document 62019CA0812

    Case C-812/19: Judgment of the Court (Seventh Chamber) of 11 March 2021 (request for a preliminary ruling from the Högsta förvaltningsdomstolen — Sweden) — Danske Bank A/S, Danmark, Sverige Filial v Skatteverket (Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Article 9 — Taxable person — Concept — Article 11 — VAT group — Principal establishment and branch of a company situated in two different Member States — Principal establishment forming part of a VAT group to which the branch does not belong — Principal establishment providing services to the branch and imputing to it the costs of those services)

    IO C 182, 10.5.2021, p. 15–16 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    10.5.2021   

    EN

    Official Journal of the European Union

    C 182/15


    Judgment of the Court (Seventh Chamber) of 11 March 2021 (request for a preliminary ruling from the Högsta förvaltningsdomstolen — Sweden) — Danske Bank A/S, Danmark, Sverige Filial v Skatteverket

    (Case C-812/19) (1)

    (Reference for a preliminary ruling - Taxation - Value added tax (VAT) - Directive 2006/112/EC - Article 9 - Taxable person - Concept - Article 11 - VAT group - Principal establishment and branch of a company situated in two different Member States - Principal establishment forming part of a VAT group to which the branch does not belong - Principal establishment providing services to the branch and imputing to it the costs of those services)

    (2021/C 182/21)

    Language of the case: Swedish

    Referring court

    Högsta förvaltningsdomstolen

    Parties to the main proceedings

    Applicants: Danske Bank A/S, Danmark, Sverige Filial

    Defendant: Skatteverket

    Operative part of the judgment

    Article 9(1) and Article 11 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as meaning that, for value added tax (VAT) purposes, the principal establishment of a company, situated in a Member State and forming part of a VAT group formed on the basis of Article 11, and the branch of that company, established in another Member State, must be regarded as separate taxable persons where that principal establishment provides that branch with services and imputes the costs thereof to the branch.


    (1)  OJ C 19, 20.1.2020.


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