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(Case C-81/20) (*)
(Reference for a preliminary ruling - Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice - Value added tax (VAT) - Directive 2006/112/EC - Fundamental rights - Principle of ne bis in idem - Both criminal and administrative penalties - Not applicable - Ancillary tax liabilities - Interest on a sum paid by the taxpayer in the context of criminal proceedings)
(2021/C 382/05)
Language of the case: Romanian
Applicant: SC Mitliv Exim SRL
Defendants: Agenţia Naţională de Administrare Fiscală, Direcţia Generală de Administrare a Marilor Contribuabili
Articles 2 and 63 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as meaning that, where taxable transactions have taken place and the related value added tax is chargeable, a payment made, even provisionally, seeking to honour the corresponding tax claim cannot be regarded as unfair and cannot generate interest to the benefit of the taxpayer who made that payment.
(*)
Language of the case: Romanian
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