3.7.2010

Official Journal of the European Union

C 179/17

(Case C-181/10)

(2010/C 179/29)

Language of the case: Polish

Referring court

Parties to the main proceedings

Applicants: Emilian Kuć and Halina Jeziorska-Kuć

Defendant: Dyrektor Izby Skarbowej w Warszawie

Questions referred

1.Is a flat-rate farmer within the meaning of Article 295(1)(3) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (1) … who sells plots of land used for his agricultural activity which are designated in a municipality’s urban management plan for residential and service development and were purchased as agricultural land (VAT-free) covered by Article 16 of that directive, which regards the application of business assets for the taxable person’s private use or for purposes other than those of his business as a supply of goods for consideration only where the tax on those assets was wholly or partly deductible?

2.Must a flat-rate farmer within the meaning of Article 295(1)(3) of Directive 2006/112/EC who sells plots of land previously used for his agricultural activity which are designated in a municipality’s urban management plan for residential and service development and were purchased as agricultural land (VAT-free) be regarded as a taxable person who is required to account for VAT on that sale under the general rules?

Language of the case: Polish

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