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Case C-109/11: Judgment of the Court (Fourth Chamber) of 25 April 2013 — European Commission v Czech Republic (Failure of a Member State to fulfil obligations — Taxation — Directive 2006/112/EC — Articles 9 and 11 — National legislation authorising persons not subject to taxation to be part of a VAT group)

ECLI:EU:UNKNOWN:62011CA0109

62011CA0109

April 25, 2013
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15.6.2013

Official Journal of the European Union

C 171/5

(Case C-109/11)(Failure of a Member State to fulfil obligations - Taxation - Directive 2006/112/EC - Articles 9 and 11 - National legislation authorising persons not subject to taxation to be part of a VAT group)

2013/C 171/08

Language of the case: Czech

Parties

Applicant: European Commission (represented by: R. Lyal, D. Triantafyllou, K. Walkerová and P. Němečková, Agents)

Defendant: Czech Republic (represented by: M. Smolek, T. Müller and J. Očková, Agents)

Interveners in support of the defendant: Kingdom of Denmark (represented: initially by C. Vang, then by V. Pasternak Jørgensen, Agents), Ireland (represented by: D. O’Hagan, Agent, assisted by G. Clohessy, SC, and by N. Travers, BL), Republic of Finland (represented by: H. Leppo and S. Hartikainen, Agents), United Kingdom of Great Britain and Northern Ireland (represented by: H. Walker, Agent, assisted by M. Hall, QC)

Re:

Failure of a Member State to fulfil obligations — Breach 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 authorising persons not subject to taxation to be part of a VAT group

Operative part

The Court:

1.Dismisses the action;

2.Orders the European Commission to pay the costs;

3.Orders the Kingdom of Denmark, Ireland, the Republic of Finland and the United Kingdom of Great Britain and Northern Ireland to bear their own respective costs.

Language of the case: Czech.

* * *

(1) OJ C 160, 28.5.2011.

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