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ECJ C-520/19 (Armostav Místek vs CZ) – Input VAT recovery by person held liable for missing tax in a fraudulent chain

Request for a preliminary ruling in case C-520/19 (ARMOSTAV MÍSTEK s.r.o.) from the Krajský soud v Ostravě (Czech Republic) lodged on 9 July 2019.

Question referred

Does the existence of express national legislation relating to [joint and several] liability for missing tax in a fraudulent chain preclude tax administration authorities from refusing the person held liable under that legislation the right to deduct value added tax in accordance with the case-law of the Court of Justice of the European Union on VAT fraud? Is such a practice in that situation precluded by Article 17(1), Article 20, Article 52(1), Article 52(6), and Article 54 of the Charter of Fundamental Rights of the European Union?

Source: europa.eu

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