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Case C-85/11: Judgment of the Court (Grand Chamber) of 9 April 2013 — European Commission v 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:62011CA0085
62011CA0085
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Official Journal of the European Union
C 156/3
(Case C-85/11)(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 156/03
Language of the case: English
Parties
Applicant: European Commission (represented by: R. Lyal, Agent)
Defendant: Ireland (represented by: D. O’Hagan, Agent, assisted by G. Clohessy, SC, and N. Travers, BL)
Interveners in support of the defendant: Czech Republic (represented by: M. Smolek and T. Müller, Agents), Kingdom of Denmark (represented: initially by C. Vang, and subsequently by V. Pasternak Jørgensen, Agents), Republic of Finland (represented by: H. Leppo and S. Hartikainen, Agents), United Kingdom of Great Britain and Northern Ireland (represented by: H. Walker, Agent, and by M. Hall, Barrister)
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 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, the Republic of Finland and the United Kingdom of Great Britain and Northern Ireland to bear their own respective costs.
Language of the case: English.
(1) OJ C 145, 14.5.2011