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Case C-313/13: Request for a preliminary ruling from the Curtea de Apel Alba Iulia (Romania) lodged on 7 June 2013 — Direcția Generală a Finanțelor Publice a Județului Sibiu — Activitatea de Inspecție Fiscală v Cătălin Ienciu

ECLI:EU:UNKNOWN:62013CN0313

62013CN0313

June 7, 2013
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Valentina R., lawyer

Official Journal of the European Union

C 226/7

(Case C-313/13)

(2013/C 226/12)

Language of the case: Romanian

Referring court

Parties to the main proceedings

Applicant: Direcția Generală a Finanțelor Publice a Județului Sibiu — Activitatea de Inspecție Fiscală

Defendant: Cătălin Ienciu

Question referred

If a vendor has been reclassified as a taxable person for VAT purposes and the consideration for (price of) the supply of the immovable property has been determined by the parties, without any reference to VAT, must Articles 73 and 78 of Council Directive 2006/112/EC be interpreted as meaning that the taxable amount is:

(a) the consideration for (price of) the supply of the property determined by the parties, less the rate of VAT, or

(b) the consideration for (price of) the supply of the property agreed by the parties?

Council Directive of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1).

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