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Valentina R., lawyer
2014/C 303/38
Language of the case: Slovenian
Applicant: Petar Kezić, s.p., Trgovina Prizma
Defendant: Republic of Slovenia — Ministry of Finance
Are Articles 2(1) and 4(1) of the Sixth Directive to be interpreted to the effect that, in circumstances such as those of this case (in which a person buys plots of land acting as a natural person, without being charged any input VAT, then acting as a sole trader builds on those plots a shopping centre, enters as assets of his business on the basis of national accounting rules only some of the plots on which he built the shopping centre and then sells the centre together with all the plots of land to the developer), such a person must, because he has not entered certain plots of land as assets of his business or included those plots in the VAT system, be considered not to be obliged to calculate and pay output VAT?
Sixth Council Directive 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 (77/388/EEC) (OJ 1977 L 145, p. 1).
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Language of the case: Slovenian