VATcodexEU VAT case law · Court of Justice and General Court

Article 197 Directive 2006/112/EC

Persons liable for payment of VAT to the tax authorities

Title XI · Obligations of taxable persons and certain non-taxable persons › Chapter 1 · Obligation to pay › Section 1 · Persons liable for payment of VAT to the tax authorities

Open in the compendium6 cases ↓

Text of Article 197

1.VAT shall be payable by the person to whom the goods are supplied when the following conditions are met:

(a)the taxable transaction is a supply of goods carried out in accordance with the conditions laid down in Article 141;

(b)the person to whom the goods are supplied is another taxable person, or a non-taxable legal person, identified for VAT purposes in the Member State in which the supply is carried out;

(c)the invoice issued by the taxable person not established in the Member State of the person to whom the goods are supplied is drawn up in accordance with Sections 3 to 5 of Chapter 3.

2.Where a tax representative is appointed as the person liable for payment of VAT pursuant to Article 204, Member States may provide for a derogation from paragraph 1 of this Article.

Consolidated version on EUR-Lex (CELEX 02006L0112-20250414). © European Union. Only the Official Journal is authentic.

Case law on Article 197: 6 cases

Judgments, orders and Advocate General opinions of the Court of Justice and the General Court that cite Article 197 of Directive 2006/112/EC, most recent first.

  1. T-773/25 Finanzamt für Großbetriebe Judgment · 7 October 2026 · Austria
  2. T-614/25 Trading 4 Judgment · 9 September 2026 · Latvia · cites Article 197(1)
  3. T-646/24 MS KLJUČAROVCI Judgment · 3 December 2025 · Slovenia · cites Article 197(1)
  4. C-247/21 Luxury Trust Automobil Judgment · 8 December 2022 · Austria · cites Article 197(1), (1)(c)
  5. C-1/21 Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika Opinion · 2 June 2022 · cites Article 197(1)(b)
  6. C-580/16 Firma Hans Bühler Judgment · 19 April 2018 · Austria

Commission explanatory notes on Article 197

Not binding. Guidance published by the Commission (DG TAXUD).

Explanatory Notes on the 2020 quick fixes

Call-off stock, chain transactions, the VAT number as a substantive condition and proof of intra-Community transport

Official PDF on europa.eu ↗