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Case C-502/17: Judgment of the Court (Sixth Chamber) of 8 November 2018 (request for a preliminary ruling from the Vestre Landsret — Denmark) — C&D Foods Acquisition ApS v Skatteministeriet (Reference for a preliminary ruling — Common system of value added tax (VAT) — Proposed sale of shares in a sub-subsidiary — Expenditure associated with the provision of services acquired for the purposes of that sale — Sale not carried out — Request for a deduction of input tax — Scope of VAT)
ECLI:EU:UNKNOWN:62017CA0502
62017CA0502
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14.1.2019
Official Journal of the European Union
C 16/23
(Case C-502/17) (*)
((Reference for a preliminary ruling - Common system of value added tax (VAT) - Proposed sale of shares in a sub-subsidiary - Expenditure associated with the provision of services acquired for the purposes of that sale - Sale not carried out - Request for a deduction of input tax - Scope of VAT))
(2019/C 16/28)
Language of the case: Danish
Referring court
Parties to the main proceedings
Applicant: C&D Foods Acquisition ApS
Defendant: Skatteministeriet
Operative part of the judgment
Articles 2, 9 and 168 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as meaning that a share disposal transaction, envisaged but not carried out, such as that at issue in the main proceedings, for which the direct and exclusive reason does not lie in the taxable economic activity of the company concerned, or which does not constitute the direct, permanent and necessary extension of that economic activity, does not come within the scope of value added tax.
(*) Language of the case: Danish.
(2019/C 16/28)
ECLI:EU:C:2019:140
* * *
Language of the case: Danish