VATcodexEU VAT case law · Court of Justice and General Court

Article 33 Directive 2006/112/EC

Supply of goods with transport

Title V · Place of taxable transactions › Chapter 1 · Place of supply of goods › Section 2 · Supply of goods with transport

Open in the compendium6 cases ↓

Text of Article 33

By way of derogation from Article 32:

(a)the place of supply of intra-Community distance sales of goods shall be deemed to be the place where the goods are located at the time when dispatch or transport of the goods to the customer ends;

(b)the place of supply of distance sales of goods imported from third territories or third countries into a Member State other than that in which dispatch or transport of the goods to the customer ends, shall be deemed to be the place where the goods are located at the time when dispatch or transport of the goods to the customer ends;

(c)the place of supply of distance sales of goods imported from third territories or third countries into the Member State in which dispatch or transport of the goods to the customer ends shall be deemed to be in that Member State, provided that VAT on those goods is to be declared under the special scheme of Section 4 of Chapter 6 of Title XII.

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

Case law on Article 33: 6 cases

Judgments, orders and Advocate General opinions of the Court of Justice and the General Court that cite Article 33 of Directive 2006/112/EC, most recent first.

  1. C-802/19 Firma Z Judgment · 11 March 2021 · Germany
  2. C-108/19 Krakvet sp. z o.o. sp.k Order · 14 January 2021 · Romania
  3. C-276/18 KrakVet Marek Batko Judgment · 18 June 2020 · Hungary · cites Article 33(a)
  4. C-647/17 Srf konsulterna Opinion · 10 January 2019 · Sweden
  5. C-544/16 Marcandi Opinion · 7 March 2018 · United Kingdom
  6. C-386/16 Toridas Judgment · 26 July 2017 · Lithuania

VAT Committee guidelines on Article 33: 5

Not binding. Positions agreed in the VAT Committee set up under Article 398 of Directive 2006/112/EC and published by the Commission.

Commission explanatory notes on Article 33

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

Explanatory Notes on the VAT e-commerce rules

Import One Stop Shop and deemed supplier rules, revised text applicable from 01-01-2027

Official PDF on europa.eu ↗