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Case C-40/09: Judgment of the Court (Third Chamber) of 29 July 2010 (reference for a preliminary ruling from the VAT and Duties Tribunal, Manchester (United Kingdom)) — Astra Zeneca UK Ltd v Commissioners for Her Majesty’s Revenue and Customs (Sixth VAT Directive — Article 2(1) — Concept of the supply of services effected for consideration — Retail vouchers provided by an undertaking to its employees as part of their remuneration)

ECLI:EU:UNKNOWN:62009CA0040

62009CA0040

July 29, 2010
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11.9.2010

Official Journal of the European Union

C 246/4

(Case C-40/09) (<span class="super">1</span>)

(Sixth VAT Directive - Article 2(1) - Concept of the supply of services effected for consideration - Retail vouchers provided by an undertaking to its employees as part of their remuneration)

2010/C 246/06

Language of the case: English

Referring court

Parties to the main proceedings

Applicant: Astra Zeneca UK Ltd

Defendant: Commissioners for Her Majesty’s Revenue and Customs

Re:

Reference for a preliminary ruling — VAT and Duties Tribunal, Manchester — Interpretation of Articles 2(1), 6(2)(b) and 17(2) 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) — Meaning of ‘a supply of services for consideration’ — Retail vouchers made available to an employee under his or her employment contract, part of their value being charged against that employee’s salary

Operative part of the judgment

Article 2(1) of 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 95/7/EC of 10 April 1995, must be interpreted as meaning that the provision of a retail voucher by a company, which acquired that voucher at a price including value added tax, to its employees in exchange for their giving up part of their cash remuneration constitutes a supply of services effected for consideration within the meaning of that provision.

* Language of the case: English.

(1) OJ C 90, 18.4.2009.

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