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Case T-534/24

Case Information Subject Matter Stage of Proceedings
T-534/24
Party

Gotek

Type of proceeding
Reference for a preliminary ruling

Interpretation of Art. 7 of Directive 2008/118/EC (Excise Duty Directive) concerning the conditions under which excise duty becomes chargeable.

The case addresses whether national legislation that allows excise duty to be charged based on fictitious supplies listed in falsified invoices, even where no actual movement or supply of goods occurred, is compatible with EU law.

The General Court ruled that such legislation violates EU law, as excise duty may only arise under the exhaustively listed situations of “release for consumption” defined in Art. 7(2) of the Directive. Fictitious transactions do not meet this criterion.

Categories
Tax Evasion
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