VATcodexEU VAT case law · Court of Justice and General Court

Article 38 Directive 2006/112/EC

Supplies of gas through a natural gas system, of electricity and of heat or cooling energy through heating and cooling networks

Title V · Place of taxable transactions › Chapter 1 · Place of supply of goods › Section 4 · Supplies of gas through a natural gas system, of electricity and of heat or cooling energy through heating and cooling networks

Open in the compendium2 cases ↓

Text of Article 38

1.In the case of the supply of gas through a natural gas system situated within the territory of the Community or any network connected to such a system, the supply of electricity, or the supply of heat or cooling energy through heating or cooling networks to a taxable dealer, the place of supply shall be deemed to be the place where that taxable dealer has established his business or has a fixed establishment for which the goods are supplied or, in the absence of such a place of business or fixed establishment, the place where he has his permanent address or usually resides.

2.For the purposes of paragraph 1, ‘taxable dealer’ shall mean a taxable person whose principal activity in respect of purchases of gas, electricity, heat or cooling energy is reselling those products and whose own consumption of those products is negligible.

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

Case law on Article 38: 2 cases

Judgments, orders and Advocate General opinions of the Court of Justice and the General Court that cite Article 38 of Directive 2006/112/EC, most recent first.

  1. C-60/23 Digital Charging Solutions Opinion · 25 April 2024 · Sweden · cites Article 38(1), (2)
  2. C-323/12 E.ON Global Commodities Judgment · 6 February 2014 · Romania · cites Article 38(1), (2)

VAT Committee guidelines on Article 38: 5

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