ECJ VAT Case law

For a transaction to qualify as a service, the service element of such a transaction must be of "decisive" (i.e. crucial) significance. Factors relevant in this regard can be the work/ materials ratio and the fact of whether the material or goods are supplied or provided without altering its nature and without adapting it to the specific requirements of the client (to comply with the definition of supply of goods).
To determine the place of supply, reference needs to be made to the Sixth Directive, which provides that as regards the supply of goods including assembly thereof, the place of supply is the country in which the assembly or installation takes place. Hence in the given case, the place of supply is in several Member States. No VAT is due on supplies made to countries outside the EU. The price of the service to be supplies in each country is calculated pro rata the length of the cable laid in each territory.
Other articles
Tomáš Sequens featured in “Trends in Sustainability” podcast
KSB partner Tomáš Sequens appeared as a recent guest on the Trends in Sustainability podcast produced by [ta] Udržitelnost in collaboration with E15.
KŠB Advises PPF on Landmark Cross-Border Conversion to the Czech Republic
Kocián Šolc Balaštík provided comprehensive legal counsel to the PPF Group in connection with the cross-border conversion of its holding structure from the Netherlands to the Czech Republic. KŠB’s team, led by partner Jan Lasák, played a central role with structuring the reorganisation and preparing the key documentation.