VATcodexEU VAT case law · Court of Justice and General Court

Article 3 Thirteenth Directive 86/560/EEC

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Text of Article 3

1.The refunds referred to in Article 2 (1) shall be granted upon application by the taxable person. Member States shall determine the arrangements for submitting applications, including the time limits for doing so, the period which applications should cover, the authority competent to receive them and the minimum amounts in respect of which applications may be submitted. They shall also determine the arrangements for making refunds, including the time limits for doing so. They shall impose on the applicant such obligations as are necessary to determine whether the application is justified and to prevent fraud, in particular the obligation to provide proof that he is engaged in an economic activity in accordance with Article 4 (1) of Directive 77/388/EEC. The applicant must certify, in a written declaration, that, during the period prescribed, he has not carried out any transaction which does not fulfil the conditions laid down in point 1 of Article 1 of this Directive.

2.Refunds may not be granted under conditions more favourable than those applied to Community taxable persons.

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

Case law on Article 3: 7 cases

Judgments, orders and Advocate General opinions of the Court of Justice and the General Court that cite Article 3 of Thirteenth Directive 86/560/EEC, most recent first.

  1. C-562/17 Nestrade Judgment · 14 February 2019 · Spain · cites Article 3(1)
  2. C-374/16 Geissel Judgment · 15 November 2017 · Germany · cites Article 3(1)
  3. C-582/08 Commission v United Kingdom Judgment · 15 July 2010 · United Kingdom
  4. C-73/06 Planzer Luxembourg Judgment · 28 June 2007 · Germany · cites Article 3(1)
  5. C-335/05 Řízení Letového Provozu Judgment · 7 June 2007 · Germany · cites Article 3(2)
  6. C-452/03 RAL (Channel Islands) and Others Judgment · 12 May 2005 · United Kingdom · cites Article 3(1)
  7. C-302/93 Debouche Opinion · 1 February 1996 · Netherlands · cites Article 3(1)