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Case C-93/10: Judgment of the Court (Third Chamber) of 27 October 2011 (reference for a preliminary ruling from the Bundesfinanzhof — Germany) — Finanzamt Essen-NordOst v GFKL Financial Services AG (Sixth VAT Directive — Articles 2(1) and 4 — Scope — Concepts of ‘supply of services effected for consideration’ and ‘economic activity’ — Sale of defaulted debts — Sale price lower than the face value of those debts — Assumption of responsibility by the purchaser for the recovery of those debts and for the risk of defaulting debtors)

ECLI:EU:UNKNOWN:62010CA0093

62010CA0093

October 27, 2011
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17.12.2011

Official Journal of the European Union

C 370/12

(Case C-93/10) (<span class="super">1</span>)

(Sixth VAT Directive - Articles 2(1) and 4 - Scope - Concepts of ‘supply of services effected for consideration’ and ‘economic activity’ - Sale of defaulted debts - Sale price lower than the face value of those debts - Assumption of responsibility by the purchaser for the recovery of those debts and for the risk of defaulting debtors)

2011/C 370/17

Language of the case: German

Referring court

Parties to the main proceedings

Appellant: Finanzamt Essen-NordOst

Respondent: GFKL Financial Services AG

Re:

Reference for a preliminary ruling — Bundesfinanzhof — Interpretation of Articles 2(1), 4, 11A(1)(a) and 13B(d)(2) and (3) 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) — Concepts of supply of services for consideration and economic activity — Factoring — Purchase of risky debts at a price calculated by reference to the probability of debtors’ default — Assumption by the factor of responsibility for recovering the debt and the risk of default.

Operative part of the judgment

Articles 2(1) and 4 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 must be interpreted as meaning that an operator who, at his own risk, purchases defaulted debts at a price below their face value does not effect a supply of services for consideration within the meaning of Article 2(1) and does not carry out an economic activity falling within the scope of that directive when the difference between the face value of those debts and their purchase price reflects the actual economic value of the debts at the time of their assignment.

*

Language of the case: German.

ECLI:EU:C:2011:140

15

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