VATcodexEU VAT case law · Court of Justice and General Court

Article 28l Sixth Directive 77/388/EEC

Period of application

Title XVIa · Transitional arrangements for the taxation of trade between Member States

Open in the compendium3 cases ↓

Repealed. The Sixth Directive 77/388/EEC was repealed with effect from 1 January 2007 and replaced by Directive 2006/112/EC. Most case law before that date cites it.

Text of Article 28l

The transitional arrangements provided for in this Title shall enter into force on 1 January 1993. Before 31 December 1994 the Commission shall report to the Council on the operation of the transitional arrangements and submit proposals for a definitive system.

The transitional arrangements shall be replaced by a definitive system for the taxation of trade between Member States based in principle on the taxation in the Member State of origin of the goods or services supplied.

To that end, after having made a detailed examination of that report and considering that the conditions for transition to the definitive system have been fulfilled satisfactorily, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, shall decide before 31 December 1995 on the arrangements necessary for the entry into force and the operation of the definitive system.

The transitional arrangement shall enter into force for four years and shall accordingly apply until 31 December 1996. The period of application of the transitional arrangements shall be extended automatically until the date of entry into force of the definitive system and in any event until the Council has decided on the definitive system.

Consolidated version on EUR-Lex (CELEX 01977L0388-20060101). © European Union. Only the Official Journal is authentic.

Case law on Article 28l: 3 cases

Judgments, orders and Advocate General opinions of the Court of Justice and the General Court that cite Article 28l of Sixth Directive 77/388/EEC, most recent first.

  1. C-309/06 Marks & Spencer Opinion · 13 December 2007 · United Kingdom
  2. C-419/02 BUPA Hospitals and Goldsborough Developments Judgment · 21 February 2006 · United Kingdom
  3. C-217/94 Eismann Atto Adige v Ufficio IVA di Bolzano Judgment · 24 October 1996 · Italy