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Case C-238/16: Request for a preliminary ruling from the Finanzgericht Münster (Germany) lodged on 26 April 2016 — X v Finanzamt I
ECLI:EU:UNKNOWN:62016CN0238
62016CN0238
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Valentina R., lawyer
19.9.2016
EN
Official Journal of the European Union
C 343/18
(Case C-238/16)
(2016/C 343/29)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: X
Defendant: Finanzamt I
Questions referred
1.Is Article 132(1)(d) of the VAT Directive (1) to be interpreted as meaning that the supply of human blood also encompasses the supply of blood plasma obtained from human blood?
2.If Question 1 is answered in the affirmative: does this also apply with regard to blood plasma that is not intended to be used directly for therapeutic purposes, but exclusively for the manufacture of pharmaceutical products?
3.If Question 2 is answered in the negative: is classification as blood dependent solely on the intended purpose of the blood plasma, or also on the uses to which the blood plasma may theoretically be put?
4.If the answers to Questions 1 and 2 are in the affirmative: does a transaction, which is exempt from VAT within a Member State under Article 132(1)(d) of the VAT Directive, irrespective of the rules on VAT applicable in a third country, lead to the exclusion of the entitlement to deduct input tax under Article 168 of the VAT Directive, even if that transaction constitutes a supply of goods to a third country for which the deduction applies under Article 169(b) of the VAT Directive, read in conjunction with Article 146(1) thereof?
(1) Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1).
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