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Case C-151/13: Judgment of the Court (Sixth Chamber) of 27 March 2014 (request for a preliminary ruling from the Cour administrative d’appel de Versailles — France) — Le Rayon d’Or SARL v Ministre de l’Économie et des Finances (Request for a preliminary ruling — Taxation — VAT — Scope — Determination of the taxable amount — Concept of ‘subsidy directly linked to the price’ — Payment of a lump sum by the national sickness insurance fund to residential care homes for the elderly)

ECLI:EU:UNKNOWN:62013CA0151

62013CA0151

March 27, 2014
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19.5.2014

Official Journal of the European Union

C 151/6

(Case C-151/13) (<span class="super">1</span>)

((Request for a preliminary ruling - Taxation - VAT - Scope - Determination of the taxable amount - Concept of ‘subsidy directly linked to the price’ - Payment of a lump sum by the national sickness insurance fund to residential care homes for the elderly))

2014/C 151/07

Language of the case: French

Referring court

Parties to the main proceedings

Applicant: Le Rayon d’Or SARL

Defendant: Ministre de l’Économie et des Finances

Re:

Request for a preliminary ruling — Cour administrative d'appel de Versailles — Interpretation of Article 11A(1)(a) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value-added tax: uniform basis of assessment (OJ 1977 L 145, p. 1), repeated in Article 73 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1) — Scope of VAT — Subsidy directly linked to the cost of providing healthcare — Inclusion of the ‘healthcare lump sum’ paid by the sickness insurance funds to residential care homes for the elderly.

Operative part of the judgment

Article 11A(1)(a) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value-added tax: uniform basis of assessment and Article 73 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as meaning that a lump-sum payment such as the ‘healthcare lump sum’ at issue in the main proceedings constitutes the consideration for the healthcare provided for consideration by a residential care home for the elderly to its residents and, on that basis, falls within the scope of value added tax.

Language of the case: French

* * *

(<span class="super">1</span>) OJ C 171, 15.6.2013.

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