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Case C-463/16: Judgment of the Court (Ninth Chamber) of 18 January 2018 (request for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — Stadion Amsterdam CV v Staatssecretaris van Financiën (Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 77/388/EEC — Third subparagraph of Article 12(3)(a) — Reduced rate of VAT — Annex H, category 7 — Single supply comprised of two distinct elements — Selective application of a reduced rate of VAT to one of those elements — ‘World of Ajax’ tour — Visit to the AFC Ajax museum)
ECLI:EU:UNKNOWN:62016CA0463
62016CA0463
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5.3.2018
Official Journal of the European Union
C 83/4
(Case C-463/16) (<span class="super note-tag">1</span>)
((Reference for a preliminary ruling - Taxation - Value added tax (VAT) - Directive 77/388/EEC - Third subparagraph of Article 12(3)(a) - Reduced rate of VAT - Annex H, category 7 - Single supply comprised of two distinct elements - Selective application of a reduced rate of VAT to one of those elements - ‘World of Ajax’ tour - Visit to the AFC Ajax museum))
(2018/C 083/05)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: Stadion Amsterdam CV
Defendant: Staatssecretaris van Financiën
Operative part of the judgment
The 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, as amended by Council Directive 2001/4/EC of 19 January 2001, must be interpreted as meaning that a single supply, such as that at issue in the main proceedings, comprised of two distinct elements, one principal, the other ancillary, which, if they were supplied separately, would be subject to different rates of value added tax, must be taxed solely at the rate of value added tax applicable to that single supply, that rate being determined according to the principal element, even if the price of each element forming the full price paid by a consumer in order to be able to receive that supply can be identified.
(<span class="super note-tag">1</span>) OJ C 410, 7.11.2016.