Comments on ECJ C-615/23: Subsidy retrospectively for losses of passenger transport according to AG not subject to VAT

Nature of the Subsidy: Advocate General Kokott determines that the subsidy received by P S.A. does not qualify as consideration for services provided to the local authority, emphasizing that it is an ex-post compensation for financial losses rather than a direct payment for services rendered.
EU Regulation Limits: The AG notes that the subsidy is governed by an EU regulation that restricts its calculation to the number of vehicle kilometers offered, rather than being tied to the number of users, further supporting the argument that it does not constitute consideration for VAT purposes.
Indirect Influence on Pricing: Kokott concludes that while the subsidy may have some indirect influence on price calculations, it does not directly affect the prices of transport services, reinforcing the position that the subsidy is not subject to VAT.