VATcodexEU VAT case law · Court of Justice and General Court

Article 1 Thirteenth Directive 86/560/EEC

Open in the compendium12 cases ↓

Text of Article 1

For the purposes of this Directive:

1.‘A taxable person not established in the territory of the Community’ shall mean a taxable person as referred to in Article 4 (1) of Directive 77/388/EEC who, during the period referred to in Article 3 (1) of this Directive, has had in that territory neither his business nor a fixed establishment from which business transactions are effected, nor, if no such business or fixed establishment exists, his permanent address or usual place of residence, and who, during the same period, has supplied no goods or services deemed to have been supplied in the Member State referred to in Article 2, with the exception of:

(a)transport services and services ancillary thereto, exempted pursuant to Article 14 (1) (i), Article 15 or Article 16 (1), B, C and D of Directive 77/388/EEC;

(b)services provided in cases where tax is payable solely by the person to whom they are supplied, pursuant to Article 21 (1) (b) of Directive 77/388/EEC;

2.‘Territory of the Community’ shall mean the territories of the Member States in which Directive 77/388/EEC is applicable.

Consolidated version on EUR-Lex (CELEX 31986L0560). © European Union. Only the Official Journal is authentic.

Case law on Article 1: 12 cases

Judgments, orders and Advocate General opinions of the Court of Justice and the General Court that cite Article 1 of Thirteenth Directive 86/560/EEC, most recent first.

  1. C-80/20 Wilo Salmson France Opinion · 22 April 2021 · Romania
  2. C-133/18 Sea Chefs Cruise Services Judgment · 2 May 2019 · France
  3. C-562/17 Nestrade Judgment · 14 February 2019 · Spain
  4. C-374/16 Geissel Judgment · 15 November 2017 · Germany
  5. C-605/12 Welmory Opinion · 15 May 2014 · Poland · cites Article 1(1)
  6. C-421/10 Stoppelkamp Judgment · 6 October 2011 · Germany
  7. C-427/10 Banca Antoniana Popolare Veneta Opinion · 15 September 2011 · Italy
  8. C-582/08 Commission v United Kingdom Judgment · 15 July 2010 · United Kingdom
  9. C-244/08 Commission v Italy Judgment · 16 July 2009 · Italy
  10. C-1/08 Athesia Druck Judgment · 19 February 2009 · Italy
  11. C-73/06 Planzer Luxembourg Judgment · 28 June 2007 · Germany · cites Article 1(1)
  12. C-452/03 RAL (Channel Islands) and Others Judgment · 12 May 2005 · United Kingdom