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Case C-75/18: Judgment of the Court (Grand Chamber) of 3 March 2020 (Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság — Hungary) — Vodafone Magyarország Mobil Távközlési Zrt. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága (Reference for a preliminary ruling — Freedom of establishment — Tax on the turnover of telecommunications operators — Progressive tax having a greater impact on undertakings owned by natural or legal persons of other Member States than on national undertakings — Progressive tax bands applicable to all taxable persons — Neutrality of the amount of turnover as a criterion of differentiation — Ability to pay of taxable persons — State aid — Common system of value added tax (VAT) — Turnover taxes — Meaning)
ECLI:EU:UNKNOWN:62018CA0075
62018CA0075
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27.4.2020
Official Journal of the European Union
C 137/4
(Case C-75/18) (1)
(Reference for a preliminary ruling - Freedom of establishment - Tax on the turnover of telecommunications operators - Progressive tax having a greater impact on undertakings owned by natural or legal persons of other Member States than on national undertakings - Progressive tax bands applicable to all taxable persons - Neutrality of the amount of turnover as a criterion of differentiation - Ability to pay of taxable persons - State aid - Common system of value added tax (VAT) - Turnover taxes - Meaning)
(2020/C 137/04)
Language of the case: Hungarian
Referring court
Parties to the main proceedings
Applicant: Vodafone Magyarország Mobil Távközlési Zrt.
Defendant: Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Operative part of the judgment
1.Articles 49 and 54 TFEU must be interpreted as not precluding the legislation of a Member State that establishes a progressive tax on turnover, the actual burden of which is mainly borne by undertakings controlled directly or indirectly by nationals of other Member States or by companies that have their registered office in another Member State, due to the fact that those undertakings achieve the highest turnover in the market concerned.
2.Article 401 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as not precluding the introduction of a tax which is based on the overall turnover of the taxable person and which is levied periodically, and not at each stage of the production and distribution process, there being no right to deduct tax paid at an earlier stage of that process.
(1) OJ C 221, 25.6.2018.