Relevant article in the EU VAT Directive 2006/112/EC
Article 135
1. Member States shall exempt the following transactions:
(b) the granting and the negotiation of credit and the management of credit by the person granting it;
Article in the Sixth VAT Directive: 13(B)(d)(1)
ECJ Cases Decided
- C-207/87
- C-281/91 (Muys’ en De Winter’s Bouw- en Aannemingsbedrijf BV) – Grant of deferred payment against consideration of interest, by supplier of goods or services
- C-453/05 (Ludwig) – Concept of “credit intermediation acts”
- C-276/09 (Everything Everywhere) – Additional fees charged when using certain methods of payment for mobile telephony services
- C-381/09 (Gennaro Curia) – Activity of providing usury loans falls within the scope of the Sixth Directive
- C-93/10 (GFKL Financial Services) – Purchases of defaulted debts at a price below their face value is not a taxable transaction/economic activity
- C-130/15 (NEC) – Processing of debit and credit card payments exempt from VAT? (Bookit C-607/14, NEC C-130/15, Cardpoint C-42/18)
- C-208/15 (Stock ’94) – Supply of goods and a grant of a loan constitutes a single transaction
- C-692/17 (Paulo Nascimento Consulting – Exemption for transactions relating to the granting, negotiation and management of credit – assignment of a position held in enforcement proceedings for recovery of a debt recognised by a judgment
- C-235/18 (Vega International) – Financing in advance purchase of fuel is an exempted financial service
- C-695/19 (Rádio Popular) – Exempt Insurance commissions to be included in the turnover to calculate the denominator for proportional VAT deduction
- C-801/19 (FRANCK) – VAT exemption applicable when resources for financial activities are made available
- C-250/21 (O. Fundusz lnwestycyjny zamknięty reprezentowany przez O) – Exemption for the granting of credits apply applies to sub-participation agreements
Pending Cases
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