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Document C2004/118/11
Judgment of the Court (Fifth Chamber) of 29 April 2004 in Case C-77/01 (Reference for a preliminary ruling from the Tribunal Central Administrativo): Empresa de Desenvolvimento Mineiro SGPS SA (EDM) v Fazenda Pública (Sixth VAT Directive — Articles 2, 4(2), 13B(d) and 19(2) — Meaning of ‘economic activities’ — Meaning of ‘incidental financial transactions’ — Services effected for consideration)
Judgment of the Court (Fifth Chamber) of 29 April 2004 in Case C-77/01 (Reference for a preliminary ruling from the Tribunal Central Administrativo): Empresa de Desenvolvimento Mineiro SGPS SA (EDM) v Fazenda Pública (Sixth VAT Directive — Articles 2, 4(2), 13B(d) and 19(2) — Meaning of ‘economic activities’ — Meaning of ‘incidental financial transactions’ — Services effected for consideration)
Judgment of the Court (Fifth Chamber) of 29 April 2004 in Case C-77/01 (Reference for a preliminary ruling from the Tribunal Central Administrativo): Empresa de Desenvolvimento Mineiro SGPS SA (EDM) v Fazenda Pública (Sixth VAT Directive — Articles 2, 4(2), 13B(d) and 19(2) — Meaning of ‘economic activities’ — Meaning of ‘incidental financial transactions’ — Services effected for consideration)
SL C 118, 30.4.2004, p. 6–7
(ES, DA, DE, EL, EN, FR, IT, NL, PT, FI, SV)
30.4.2004 |
EN |
Official Journal of the European Union |
C 118/6 |
JUDGMENT OF THE COURT
(Fifth Chamber)
of 29 April 2004
in Case C-77/01 (Reference for a preliminary ruling from the Tribunal Central Administrativo): Empresa de Desenvolvimento Mineiro SGPS SA (EDM) v Fazenda Pública (1)
(Sixth VAT Directive - Articles 2, 4(2), 13B(d) and 19(2) - Meaning of ‘economic activities’ - Meaning of ‘incidental financial transactions’ - Services effected for consideration)
(2004/C 118/11)
Language of the case: Portuguese
In Case C-77/01: Reference to the Court under Article 234 EC from the Tribunal Central Administrativo (Portugal) for a preliminary ruling in the proceedings pending before that court between Empresa de Desenvolvimento Mineiro SGPS SA (EDM), formerly Empresa de Desenvolvimento Mineiro SA (EDM), and Fazenda Pública, intervener: Ministério Público, on the interpretation of Articles 2, 4(2), 13B(d) and 19(2) 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) — the Court (Fifth Chamber), composed of: P. Jann, acting for the President of the Fifth Chamber, C.W.A. Timmermans and S. von Bahr (Rapporteur), Judges; P. Léger, Advocate General; H.A. Rühl, Principal Administrator, for the Registrar, has given a judgment on 29 April 2004, in which it has ruled:
1. |
In a situation such as that in the main proceedings:
|
2. |
Operations such as those at issue in the main proceedings, carried out by the members of a consortium in accordance with the provisions of a consortium contract and corresponding to the share assigned to each of them in that contract, do not constitute supplies of goods or services ‘effected for consideration’ within the meaning of Article 2(1) of Sixth Directive 77/388, nor, consequently, a taxable transaction under that directive. The fact that such operations are carried out by the member of the consortium which manages it is irrelevant in that respect. On the other hand, where the performance of more of the operations than the share thereof fixed by the said contract for a consortium member involves payment by the other members against the operations exceeding that share, those operations constitute a supply of goods or services ‘effected for consideration’ within the meaning of that provision. |
(1) OJ C 118, 21.4.2001.