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Joined Cases C-618/11, C-637/11 and C-659/11: Judgment of the Court (Third Chamber) of 5 December 2013 (requests for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — TVI Televisão Independente SA v Fazenda Pública (Taxation — VAT — Sixth Directive 77/388/EEC — Article 11(A)(1)(a), (2)(a) and (3)(c) — Directive 2006/112/EC — Article 73, point (a) of the first paragraph of Article 78 and point (c) of the first paragraph of Article 79 — Taxable amount for the VAT payable on commercial advertising screening services — Commercial advertising screening tax)

ECLI:EU:UNKNOWN:62011CA0618

62011CA0618

December 5, 2013
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15.2.2014

Official Journal of the European Union

C 45/7

(Joined Cases C-618/11, C-637/11 and C-659/11) (<span class="super">1</span>)

(Taxation - VAT - Sixth Directive 77/388/EEC - Article 11(A)(1)(a), (2)(a) and (3)(c) - Directive 2006/112/EC - Article 73, point (a) of the first paragraph of Article 78 and point (c) of the first paragraph of Article 79 - Taxable amount for the VAT payable on commercial advertising screening services - Commercial advertising screening tax)

2014/C 45/12

Language of the case: Portuguese

Referring court

Parties to the main proceedings

Appellant: TVI Televisão Independente SA

Respondent: Fazenda Pública

Intervener: Ministério Público

Re:

Request for a preliminary ruling — Supremo Tribunal Administrativo — Interpretation of Article 11(A)(1)(a) and (3)(c) 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) and of Article 73 and point (c) of the first paragraph of Article 79 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1) — Concept of consideration which has been or is to be obtained by the supplier for certain supplies — Tax payable on the broadcasting of commercial advertising.

Operative part of the judgment

On a proper construction of Article 11(A)(1)(a), (2)(a) and (3)(c) 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 and Article 73, point (a) of the first paragraph of Article 78 and point (c) of the first paragraph of Article 79 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, a tax such as the ‘screening tax’ provided for under Portuguese legislation for the benefit of the cinematographic and audiovisual arts must be included in the taxable amount for the purposes of the VAT payable on services consisting in the screening of commercial advertising.

* Language of the case: Portuguese.

* * *

(<span class="super">1</span>) OJ C 49, 18.2.2012.

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