28.5.2018

EN

Official Journal of the European Union

C 182/13

(Case C-185/18)

(2018/C 182/16)

Language of the case: Spanish

Referring court

Parties to the main proceedings

Applicant: Oro Efectivo S.L.

Defendant: Diputación Foral de Bizkaia

Question referred

Does Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, the principle of tax neutrality arising from that directive, and the case-law of the Court of Justice interpreting the directive preclude a national rule of law under which a Member State may require payment of an indirect tax other than VAT from a business person or professional in respect of the purchase of movable property (specifically, gold, silver or jewellery) from a private individual where:

1.the purchased object is going to be processed and subsequently sold on in the course of that business person’s economic activities;

2.transactions subject to VAT will occur when the purchased property is reintroduced into the course of trade; and

3.in such transactions the applicable legislation in that same Member State does not permit the business person or professional to deduct the amount paid by way of that tax in respect of the initial purchase?

Language of the case: Spanish.

(1) OJ 2006 L 347, p. 1.