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Comments on ECJ C-232/22: Decision On ‘Fixed Establishment’ For VAT Purposes

  • The Court of Justice of the European Union (CJEU) has issued a decision in Cabot Plastics (C-232/22), which deals with the concept of a fixed establishment (FE) for VAT purposes.
  • The case involved a Belgian company providing toll manufacturing services to an affiliated Swiss company, and the question was whether this created an FE for VAT purposes.
  • The CJEU emphasized the importance of distinguishing between different transactions and found that the tolling services were received by the Swiss company in Switzerland, as it did not have a suitable structure in Belgium to receive them.
  • The decision provides further clarity in this area of VAT law.

Source Matheson

See also


  • Join the Linkedin Group on ECJ VAT Cases, click HERE
  • For an overview of ECJ cases per article of the EU VAT Directive, click HERE

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