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Case C-475/23, Voestalpine Giesserei Linz: Judgment of the Court (Ninth Chamber) of 4 October 2024 (request for a preliminary ruling from the Curtea de Apel Cluj – Romania) – Voestalpine Giesserei Linz v Administraţia Judeţeană a Finanţelor Publice Cluj, Direcţia Generală Regională a Finanţelor Publice Cluj-Napoca (Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 168(a) – Right to deduct VAT – Acquisition of goods by a taxable person – Making available of those goods free of charge to a subcontractor for the purpose of carrying out works for the taxable person – Refusal of the deduction of the VAT relating to those goods)
ECLI:EU:UNKNOWN:62023CA0475
62023CA0475
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Official Journal of the European Union
C series
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C/2024/6897
25.11.2024
(Case C-475/23, (1) Voestalpine Giesserei Linz)
(Reference for a preliminary ruling - Common system of value added tax (VAT) - Directive 2006/112/EC - Article 168(a) - Right to deduct VAT - Acquisition of goods by a taxable person - Making available of those goods free of charge to a subcontractor for the purpose of carrying out works for the taxable person - Refusal of the deduction of the VAT relating to those goods)
(C/2024/6897)
Language of the case: Romanian
Referring court
Parties to the main proceedings
Applicant: Voestalpine Giesserei Linz
Defendants: Administraţia Judeţeană a Finanţelor Publice Cluj, Direcţia Generală Regională a Finanţelor Publice Cluj-Napoca
Operative part of the judgment
1.Article 168(a) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as precluding a national practice whereby, where a taxable person has acquired goods which that taxable person then makes available free of charge to a subcontractor, in order for that subcontractor to carry out work for that taxable person, that taxable person is denied the deduction of the VAT relating to the acquisition of those goods, in so far as the making available of those goods does not go beyond what is necessary to enable that taxable person to carry out one or more taxable output transactions or, failing that, to carry out its economic activity, and the cost of acquiring those goods is part of the cost components of either the transactions carried out by that taxable person or the goods or services which that taxable person supplies in the course of its economic activity.
2.Article 168(a) of Directive 2006/112 must be interpreted as precluding a national practice whereby a taxable person is denied the deduction of input VAT on the ground that that taxable person has not kept separate accounts for its fixed establishment in the Member State in which the tax inspection is carried out where the tax authorities are in a position to determine whether the substantive conditions of the right of deduction are satisfied.
(1) OJ C 499, 6.11.2023.
ELI: http://data.europa.eu/eli/C/2024/6897/oj
ISSN 1977-091X (electronic edition)
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Delivered in open court in Luxembourg on 6 March 2025.
Registrar
President of the Chamber
ECLI:EU:C:2025:140
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