VATcodexEU VAT case law · Court of Justice and General Court

Article 59 Directive 2006/112/EC

Particular provisions

Title V · Place of taxable transactions › Chapter 3 · Place of supply of services › Section 3 · Particular provisions

Open in the compendium12 cases ↓

Text of Article 59

The place of supply of the following services to a non-taxable person who is established or has his permanent address or usually resides outside the Community, shall be the place where that person is established, has his permanent address or usually resides:

(a)transfers and assignments of copyrights, patents, licences, trade marks and similar rights;

(b)advertising services;

(c)the services of consultants, engineers, consultancy firms, lawyers, accountants and other similar services, as well as data processing and the provision of information;

(d)obligations to refrain from pursuing or exercising, in whole or in part, a business activity or a right referred to in this Article;

(e)banking, financial and insurance transactions including reinsurance, with the exception of the hire of safes;

(f)the supply of staff;

(g)the hiring out of movable tangible property, with the exception of all means of transport;

(h)the provision of access to a natural gas system situated within the territory of the Community or to any network connected to such a system, to the electricity system or to heating or cooling networks, or the transmission or distribution through these systems or networks, and the provision of other services directly linked thereto.

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

Case law on Article 59: 12 cases

Judgments, orders and Advocate General opinions of the Court of Justice and the General Court that cite Article 59 of Directive 2006/112/EC, most recent first.

  1. C-101/24 Xyrality Opinion · 10 April 2025 · Germany
  2. C-267/21 Uniqa Asigurări Judgment · 1 August 2022 · Romania · cites Article 59(c)
  3. C-596/20 DuoDecad Judgment · 16 June 2022 · Hungary
  4. C-593/19 SK Telecom Judgment · 15 April 2021 · Austria · cites Article 59(a)
  5. C-288/19 Finanzamt Saarbrücken Judgment · 20 January 2021 · Germany
  6. C-501/19 UCMR - ADA Opinion · 1 October 2020 · Romania · cites Article 59(a)
  7. C-291/18 Grup Servicii Petroliere Opinion · 10 April 2019 · Romania
  8. C-419/14 WebMindLicenses Judgment · 17 December 2015 · Hungary
  9. C-479/13 Commission v France Judgment · 5 March 2015
  10. C-502/13 Commission v Luxembourg Judgment · 5 March 2015
  11. C-532/11 Leichenich Judgment · 15 November 2012 · Germany
  12. C-44/11 Deutsche Bank Opinion · 8 May 2012 · Germany · cites Article 59(e)

VAT Committee guidelines on Article 59: 27

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