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Case C-390/15: Judgment of the Court (Grand Chamber) of 7 March 2017 (request for a preliminary ruling from the Trybunał Konstytucyjny w Warszawie — Poland) — proceedings brought by the Rzecznik Praw Obywatelskich (RPO) (Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Point 6 of Annex III — Validity — Procedure — Amendment of a proposal for a Council directive after the Parliament has given an opinion — No fresh consultation of the Parliament — Article 98(2) — Validity — Reduced rate of VAT precluded from being applied to the supply of digital books electronically — Principle of equal treatment — Comparability of two situations — Supply of digital books electronically and on all physical means of support)

ECLI:EU:UNKNOWN:62015CA0390

62015CA0390

March 7, 2017
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Official Journal of the European Union

C 144/5

(Case C-390/15) (<span class="super note-tag">1</span>)

((Reference for a preliminary ruling - Taxation - Value added tax (VAT) - Directive 2006/112/EC - Point 6 of Annex III - Validity - Procedure - Amendment of a proposal for a Council directive after the Parliament has given an opinion - No fresh consultation of the Parliament - Article 98(2) - Validity - Reduced rate of VAT precluded from being applied to the supply of digital books electronically - Principle of equal treatment - Comparability of two situations - Supply of digital books electronically and on all physical means of support))

(2017/C 144/06)

Language of the case: Polish

Referring court

Parties to the main proceedings

Applicant: Rzecznik Praw Obywatelskich (RPO)

Other parties: Marszałek Sejmu Rzeczypospolitej Polskiej, Prokurator Generalny

Operative part of the judgment

Examination of the questions referred for a preliminary ruling has disclosed no factor of such a kind as to affect the validity of point 6 of Annex III to Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, as amended by Council Directive 2009/47/EC of 5 May 2009, or of Article 98(2) of that directive, read in conjunction with point 6 of Annex III thereto.

(<span class="note"> <a id="ntr1-C_2017144EN.01000502-E0001" href="#ntc1-C_2017144EN.01000502-E0001">*1</a> </span>) Language of the case: Polish.

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