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Case C-86/11: Judgment of the Court (Fourth Chamber) of 25 April 2013 — European Commission v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations — Taxation — Directive 2006/112/EC — Articles 9 and 11 — National legislation permitting the inclusion of non-taxable persons in a group of persons who may be regarded as a single taxable person for VAT purposes)
ECLI:EU:UNKNOWN:62011CA0086
62011CA0086
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15.6.2013
Official Journal of the European Union
C 171/4
(Case C-86/11)(<span class="super">1</span>)
(Failure of a Member State to fulfil obligations - Taxation - Directive 2006/112/EC - Articles 9 and 11 - National legislation permitting the inclusion of non-taxable persons in a group of persons who may be regarded as a single taxable person for VAT purposes)
2013/C 171/06
Language of the case: English
Parties
Applicant: European Commission (represented by: R. Lyal, acting as Agent)
Defendant: United Kingdom of Great Britain and Northern Ireland (represented by: S. Hathaway, acting as Agent, and M. Hall QC)
Interveners in support of the defendant: Czech Republic (represented by: M. Smolek and T. Müller, acting as Agents), Kingdom of Denmark (represented: initially by C. Vang, and subsequently by V. Pasternak Jørgensen, acting as Agents), Ireland (represented by: D. O’Hagan, acting as Agent, assisted by G. Clohessy, SC, and N. Travers, BL), Republic of Finland (represented by: H. Leppo and S. Hartikainen, acting as Agents)
Re:
Failure of a Member State to fulfil obligations — Infringement of Articles 9 and 11 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1) — National legislation permitting the inclusion of non-taxable persons in a VAT group
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders the European Commission to pay the costs;
3.Orders the Czech Republic, the Kingdom of Denmark, Ireland and the Republic of Finland to bear their own respective costs.
(<span class="super">1</span>) OJ C 145, 14.5.2011.