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Case C-787/18: Request for a preliminary ruling from the Högsta förvaltningsdomstolen (Sweden) lodged on 17 December 2018 — Skatteverket v Sögård Fastigheter AB
ECLI:EU:UNKNOWN:62018CN0787
62018CN0787
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25.2.2019
Official Journal of the European Union
C 72/9
(Case C-787/18)
(2019/C 72/12)
Language of the case: Swedish
Referring court
Parties to the main proceedings
Appellant: Skatteverket
Respondent: Sögård Fastigheter AB
Questions referred
1.If a seller of a property, on the basis of the rules introduced by the Member State in accordance with Article 188(2) of the VAT Directive, (1) has not adjusted a deduction of input tax because the purchaser intends to use the property exclusively for transactions giving rise to a right of deduction, does that then preclude, in a case where the adjustment period continues to run, the purchaser being required to adjust the deduction at a subsequent time when the purchaser in turn transfers the property to someone who does not intend to use the property for such transactions?
2.Does it alter the answer to the first question if the first transfer referred to in that question constitutes a transfer of assets as referred to in Article 19 of the VAT Directive?
(1) Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1).