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Case C-393/15: Request for a preliminary ruling from the Naczelny Sąd Administracyjny (Poland) lodged on 21 July 2015 — Dyrektor Izby Skarbowej w Krakowie v ESET spol. s r.o. sp. z o.o., oddział w Polsce

ECLI:EU:UNKNOWN:62015CN0393

62015CN0393

July 21, 2015
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12.10.2015

EN

Official Journal of the European Union

C 337/5

(Case C-393/15)

(2015/C 337/07)

Language of the case: Polish

Referring court

Parties to the main proceedings

Applicant: Dyrektor Izby Skarbowej w Krakowie

Defendant: ESET spol. s r.o. sp. z o.o., oddział w Polsce

Question referred

Do Articles 168 and 169(a) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax not preclude, in the case of a branch registered for VAT purposes in one Member State and carrying out mainly intra-company transactions for a parent company established in another Member State and occasionally also transactions taxable in the State where the branch is registered, the taxable person from being entitled to deduct input tax in the State in which the branch is registered, despite the fact that the tax is linked to transactions carried out by the parent company in another Member State?

Language of the case: Polish

* * *

(1) OJ 2006 L 347, p. 1.

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