On 9 February 2023, the CJ delivered its judgment in the case Euler Hermes SA Magyarországi Fióktelepe (C-482/21).
The CJ ruled that Hungary is not in violation of EU VAT law by not granting Euler Hermes a VAT refund for VAT paid by its policyholders. The CJ considered that the consideration for a supply can also be obtained from a third party. Since Euler Hermes paid the policyholders 90% of the amount of the debts at issue (including VAT), the CJ ruled that this part of the compensation had therefore been paid and can no longer be subject to VAT relief based on ‘non-payment’ within the meaning of Article 90 (1) of the VAT Directive. The CJ also considered that Euler Hermes was not the taxable person entitled to a VAT bad debt relief in respect of the sales.
Source Loyens Loeff
See also C-482/21 (Euler Hermes) – Judgment – Taxable amount and Insurance of Indemnities
