Roadtrip through ECJ Cases – Focus on ”Place of supply of Goods – Distance Selling”

Relevant article in the EU VAT Directive

Supply of goods – Place of goods with transport

Article 33

1. By way of derogation from Article 32, the place of supply of goods dispatched or transported by or on behalf of the supplier from a Member State other than that in which dispatch or transport of the goods ends shall be deemed to be the place where the goods are located at the time when dispatch or transport of the goods to the customer ends, where the following conditions are met:
(a) the supply of goods is carried out for a taxable person, or a non-taxable legal person, whose intra-Community acquisitions of goods are not subject to VAT pursuant to Article 3(1) or for any other non-taxable person;
(b) the goods supplied are neither new means of transport nor goods supplied after assembly or installation, with or without a trial run, by or on behalf of the supplier.
2. Where the goods supplied are dispatched or transported from a third territory or a third country and imported by the supplier into a Member State other than that in which dispatch or transport of the goods to the customer ends, they shall be regarded as having been dispatched or transported from the Member State of importation.

ECJ Cases – Decided

• C-276/18 (KrakVet Marek Batko) – Place of supply of goods sold by online retailers cross border
• C-108/19 (Krakvet sp. z o.o. sp.k.) – Order – Distance sales where customer arranges transport

 

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