Judgment of the Court (Eighth Chamber) of 15 December 2011.

Uitspraak

Subject of the case
Operative part

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Infringement of Articles 168, 171, 193, 194, 204 and 214 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 imposing the designation of a tax representative by a seller or provider established outside the national territory – Duty of identification for VAT purposes – Nature and extent of the right to deduct.

Operative part

Operative part

The Court:

1. Declares that, by providing in Title IV of Administrative Instruction 3 A-9-06 No 105 of 23 June 2006 for an administrative concession derogating from a value added tax reverse charge scheme and necessitating, among other things, the designation of a tax representative by a seller or provider established outside France, the identification of that seller or provider for value added tax purposes in France and the offsetting of the deductible value added tax that he has paid against that which he has collected in the name and on behalf of his or her customers, the French Republic has failed to fulfil its obligations under Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, and, in particular, Articles 168, 171, 193, 194, 204 and 214 thereof;

2. Orders the French Republic to pay the costs.