CJEU - Recent Developments in Value Added Tax 2014
1. Aufl. 2015
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I. S. 4Introduction
With regard to the perspective of the European Commission in relation to the VAT case law of the Court of Justice of the European Union (CJEU) very many things can be said and analysed. I have chosen to focus on the following aspects:
the connection between the Commission and the CJEU regarding VAT-related procedures and rulings.
the main features and principles of interpretation of the CJEU’s VAT case law.
a particular reference to the principle of neutrality, given its particular relevance for VAT case law purposes.
These aspects will be dealt with below in this written contribution.
II. The Connection Between the Commission and the CJEU as Regards VAT Case-Law
The connection between the Commission and the CJEU as regards VAT case law takes place in two different scenarios: on the one hand, preliminary questions addressed to the CJEU by national courts in the field of VAT; on the other, VAT-related infringement procedures launched by the Commission and which lead to a ruling of the CJEU.
A. Preliminary Questions
National courts and tribunals are obliged to apply EU law in order to solve the cases submitted to them. If a national court or tribunal has doubts about the inter...