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Case C-218/10: Judgment of the Court (First Chamber) of 26 January 2012 (reference for a preliminary ruling from the Finanzgericht Hamburg — Germany) — ADV Allround Vermittlungs AG, in liquidation v Finanzamt Hamburg-Bergedorf (VAT — Sixth Directive — Articles 9, 17 and 18 — Determination of the place where services are supplied — Concept of ‘supply of staff’ — Self-employed persons — Need to ensure that a provision of services is assessed identically in relation to the provider and in relation to the recipient)
ECLI:EU:UNKNOWN:62010CA0218
62010CA0218
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Official Journal of the European Union
C 73/2
(Case C-218/10) (<span class="super">1</span>)
(VAT - Sixth Directive - Articles 9, 17 and 18 - Determination of the place where services are supplied - Concept of ‘supply of staff’ - Self-employed persons - Need to ensure that a provision of services is assessed identically in relation to the provider and in relation to the recipient)
2012/C 73/02
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: ADV Allround Vermittlungs AG, in liquidation
Defendant: Finanzamt Hamburg-Bergedorf
Re:
Reference for a preliminary ruling — Finanzamt Hamburg — Interpretation of the sixth indent of Article 9(2)(e) and Articles 17(1), 17(2)(a), 17(3)(a) and 18(1)(a) 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) — Determination of the place where a service, consisting of the provision to the recipient of the service of self-employed persons not in the employ of the provider, is deemed to be supplied for tax purposes — Concept of ‘staff’ — Need to ensure an identical assessment of whether a transaction is liable to VAT in relation to the service provider, on the one hand, and to the recipient of that service, on the other
Operative part of the judgment
The sixth indent of Article 9(2)(e) 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 the ‘supply of staff’ referred to in that provision also includes the supply of self-employed persons not in the employ of the trader providing the service.
Articles 17(1), 17(2)(a), 17(3)(a) and 18(1)(a) of Sixth Directive 77/388 must be interpreted as not requiring the Member States to amend their domestic procedural rules in such a way as to ensure that the taxability and liability to value added tax of a service are assessed in a consistent way in relation to the provider and in relation to the recipient of that service, even though they fall within the jurisdiction of different tax authorities. However, those provisions require the Member States to adopt the measures that are necessary to ensure that value added tax is collected accurately and that the principle of fiscal neutrality is respected.
(<span class="super">1</span>) OJ C 221, 14.8.2010.