VATcodexEU VAT case law · Court of Justice and General Court

Article 4 Directive 2006/112/EC

Subject matter and scope

Title I · Subject matter and scope

Open in the compendium11 cases ↓

Text of Article 4

In addition to the transactions referred to in Article 3, the following transactions shall not be subject to VAT:

(a)the intra-Community acquisition of second-hand goods, works of art, collectors' items or antiques, as defined in points (1) to (4) of Article 311(1), where the vendor is a taxable dealer acting as such and VAT has been applied to the goods in the Member State in which their dispatch or transport began, in accordance with the margin scheme provided for in Articles 312 to 325;

(b)the intra-Community acquisition of second-hand means of transport, as defined in Article 327(3), where the vendor is a taxable dealer acting as such and VAT has been applied to the means of transport in the Member State in which their dispatch or transport began, in accordance with the transitional arrangements for second-hand means of transport;

(c)the intra-Community acquisition of second-hand goods, works of art, collectors' items or antiques, as defined in points (1) to (4) of Article 311(1), where the vendor is an organiser of sales by public auction, acting as such, and VAT has been applied to the goods in the Member State in which their dispatch or transport began, in accordance with the special arrangements for sales by public auction.

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

Case law on Article 4: 11 cases

Judgments, orders and Advocate General opinions of the Court of Justice and the General Court that cite Article 4 of Directive 2006/112/EC, most recent first.

  1. T-575/24 Digipolis Judgment · 25 February 2026 · Belgium
  2. C-288/22 Administration de l’Enregistrement, des Domaines et de la TVA (VAT – Member of a board of directors) Opinion · 13 July 2023 · Luxembourg
  3. C-180/22 Mensing II Opinion · 23 March 2023 · Germany · cites Article 4(a)
  4. C-251/16 Cussens and Others Opinion · 7 September 2017 · Ireland
  5. C-274/15 Commission v Luxembourg Judgment · 4 May 2017 · Luxembourg
  6. C-74/11 Commission v Finland Judgment · 25 April 2013 · Finland
  7. C-65/11 Commission v Netherlands Judgment · 25 April 2013 · Netherlands
  8. C-95/11 Commission v Denmark Judgment · 25 April 2013 · Denmark
  9. C-62/12 Kostov Opinion · 28 February 2013 · Bulgaria
  10. C-93/10 GFKL Financial Services Opinion · 14 July 2011 · Germany
  11. C-29/08 SKF Judgment · 29 October 2009 · Sweden