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.
- C-101/24 Xyrality Opinion · 10 April 2025 · Germany
- C-267/21 Uniqa Asigurări Judgment · 1 August 2022 · Romania · cites Article 59(c)
- C-596/20 DuoDecad Judgment · 16 June 2022 · Hungary
- C-593/19 SK Telecom Judgment · 15 April 2021 · Austria · cites Article 59(a)
- C-288/19 Finanzamt Saarbrücken Judgment · 20 January 2021 · Germany
- C-501/19 UCMR - ADA Opinion · 1 October 2020 · Romania · cites Article 59(a)
- C-291/18 Grup Servicii Petroliere Opinion · 10 April 2019 · Romania
- C-419/14 WebMindLicenses Judgment · 17 December 2015 · Hungary
- C-479/13 Commission v France Judgment · 5 March 2015
- C-502/13 Commission v Luxembourg Judgment · 5 March 2015
- C-532/11 Leichenich Judgment · 15 November 2012 · Germany
- 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.
- Meeting 123 · 20 November 2023 · document 6.1. Title XII, Chapters 1 and 6 – the special scheme for small enterprises – interaction with the One-Stop-Shop Union scheme and the Import One-Stop-Shop Non- Union scheme
- Meeting 101 · 20 October 2014 · document 4.7. Article 59(c) – air navigation services supplied by Eurocontrol – general place-of-supply rules applicable
- Meeting 097 · 26 March 2012 · document 5.2 Article 58 – tickets for sports events – supplied by an intermediary acting on behalf of the organiser and in the name of that organiser or in his own name, or by a third party acting on his own behalf or in his own name and on his own behalf – nature of supply and its place of taxation
- Meeting 089 · 30 September 2009 · document 5.3 Article 59 – follow-up to VAT Package – place of supply – services taxed at the place of the customer – customers outside the EU – elements required to establish place of customer – effective use and enjoyment
- Meeting 088 · 2009-07-13-14 · document 6.1 Article 59 – follow-up of VAT Package – notions associated with place of supply rules – place of business – fixed establishment – permanent address – usual residence
- Meeting 088 · 2009-07-13-14 · document 6.3 Article 59 – services taxed at the place of the customer – where is the supply is made to – single or multiple locations – global contracts – elements required to verify
- Meeting 086 · 2009-03-18-19 · document 5.3 Article 59 – follow-up to VAT Package – hiring of means of transport – definition of means of transport – illustrative list of vehicles covered – concept of possession or use – where actually put at disposal
- Meeting 069 · 4 June 2003 · document 4.2 Article 9(2)(e), eleventh indent* – place of supply – concept of radio and television broadcasting – what not covered
- Meeting 067 · 8 January 2003 · document 4.1 Article 9(2)(e), eleventh indent* – place of supply – concept of electronically supplied services and of broadcasting services – special scheme put in place
- Meeting 067 · 8 January 2003 · document 4.1 Article 9(2)(e), twelfth indent* – place of supply – concept of electronically supplied services and of broadcasting services – special scheme put in place
- Meeting 061 · 27 June 2000 · document 4.2 Article 9(2)(e)* – place of supply – translation and interpretation services
- Meeting 061 · 27 June 2000 · document 4.3 · overtaken Article 9(2)(e)* – public sector hospital providing medical care – option to qualify exempt activities as activities engaged in as public body – research services supplied to the hospital – impact on place of taxation
- Meeting 056 · 1998-10-13-14 · document II.6.5 · overtaken Article 9(2)(e), eighth indent* – hiring out of movable tangible property – all forms of transport excluded – trailers and semi-trailers
- Meeting 054 · 1998-02-16-18 · document II.5.4 · overtaken Article 9(2)(e), first indent* – economic activity – assignment broadcasting rights – international football matches – organisations established abroad – taxable at the place of the customer
- Meeting 053 · 1997-11-04-05 · document II.5.3 Article 9(2)(e), third indent* – place of supply of services – tracing of heirs
- Meeting 052 · 1997-05-28-29 · document II.5.5 · overtaken Article 9(2)(e), sixth indent* – place of supply – transfers of football players
- Meeting 038 · 25 May 1993 · document II.2. · overtaken Article 9(2)(e), third indent* – normalised versus specific software – software imported – place of supply – status of customer
- Meeting 031 · 1992-01-27-28 · document I.1. · overtaken Article 9(2)(e), third indent* – place of supply – laboratory analyses of pharmaceutical samples to ascertain whether products meet technical specifications in force
- Meeting 024 · 1988-11-14-15 · document b) 1. · overtaken Article 9(2)(e), third indent* – place of supply – services of translators and interpreters
- Meeting 024 · 1988-11-14-15 · document b) 2. · overtaken Article 9(2)(e), fifth indent* – place of supply – debt collection
- Meeting 024 · 1988-11-14-15 · document b) 3. · overtaken Article 9(2)(e), third indent* – place of supply – management fees
- Meeting 022 · 1987-03-19-20 · document a) · overtaken Article 9(2)(e), seventh indent* – place of supply – leasing (hiring-financing-leasing) – other than means of transport – possible presence of fixed establishment
- Meeting 018 · 1985-03-08-09 · document II.d) Article 9(2)(e), third indent* – nature of supply – customized or non-customized software – tax treatment on importation
- Meeting 017 · 1984-07-04-05 · document II.e) · overtaken Article 9(2)(e)* – place of supply – services supplied by independent experts – insurance loss adjustment – immovable property – movable tangible property – intangible property
- Meeting 012 · 1981-06-30 1981-07-01 · document b) · overtaken Article 9* – place of supply – exemption – concept of "means of transport"
- Meeting 011 · 1981-03-10-11 · document II.d) · overtaken Article 9(2)* – place of supply – exemption – hiring out of containers – qualification as means of transport
- Meeting 005 · 1979-06-14-15 · document II.3. · overtaken Article 9(2)(e), third indent* – place of supply – services of consultants, engineers, etc, and dataprocessing and the supplying of information