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Comments on ECJ C-333/20 (Berlin Chemie A. Menarini SRL)- Place of Supply of services/Fixed Establishment

Preliminary Ruling of Case No. C-333/20 clarifying VAT and permanent establishment (Berlin Chemie A. Menarini SRL) laws in Romania, was released by the European Union Official Gazette, on May 30.  

A German and a Romanian firm signed a service contract in which the Romanian company actively pushed the German company’s products in Romania. 

The Romanian tax office determined that the Romanian firm was a permanent establishment of the German corporation and imposed a VAT duty on it which the latter contended, stating that the Romanian business was a subsidiary, not a permanent institution. 

Source: GVC

See also ECJ C-333/20 (Berlin Chemie A. Menarini SRL) – Judgment – No Fixed establishment via affiliate rendering services on an exclusive basis

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