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Case C-28/16: Order of the Court (Sixth Chamber) of 12 January 2017 (request for a preliminary ruling from the Kúria — Hungary) — Magyar Villamos Művek Zrt. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatóság (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Value added tax — Directive 2006/112/EC — Articles 2, 9, 26, 167, 168 and 173 — Deduction of input tax — Taxable person simultaneously carrying out economic and non-economic activities — Holding company supplying services to its subsidiaries free of charge)
ECLI:EU:UNKNOWN:62016CB0028
62016CB0028
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10.4.2017
Official Journal of the European Union
C 112/12
(Case C-28/16) (<a id="ntc1-C_2017112EN.01001201-E0001" href="#ntr1-C_2017112EN.01001201-E0001"> (<span class="super note-tag">1</span>)</a>)
((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Value added tax - Directive 2006/112/EC - Articles 2, 9, 26, 167, 168 and 173 - Deduction of input tax - Taxable person simultaneously carrying out economic and non-economic activities - Holding company supplying services to its subsidiaries free of charge))
(2017/C 112/17)
Language of the case: Hungarian
Referring court
Parties to the main proceedings
Applicant: Magyar Villamos Művek Zrt.
Defendant: Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatóság
Operative part of the order
Articles 2, 9, 26, 167, 168 and 173 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as meaning that, in so far as the involvement of a holding company, such as that at issue in the main proceedings, in the management of its subsidiaries, where it has charged those subsidiaries neither for the cost of the services procured in the interest of the group of companies as a whole or in the interest of certain of its subsidiaries, nor for the corresponding VAT, does not constitute an ‘economic activity’, within the meaning of that directive, such a holding company does not have the right to deduct input VAT paid in respect of those services in so far as those services relate to transactions falling outside the scope of that directive.
Language of the case: Hungarian
(<span class="note">1</span>) <a href="./../../../../legal-content/EN/AUTO/?uri=OJ:C:2016:156:TOC">OJ C 156, 2.5.2016</a>.
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