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C_2022095EN.01000601.xml

28.2.2022   

EN

Official Journal of the European Union

C 95/6


Request for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 20 August 2021 — Finanzamt X v Y

(Case C-516/21)

(2022/C 95/08)

Language of the case: German

Referring court

Bundesfinanzhof

Parties to the main proceedings

Defendant: Finanzamt X

Applicant: Y

Question referred

Does the tax liability for the leasing of permanently installed equipment and machinery pursuant to Article 135(2), first subparagraph, point (c) of Directive 2006/112/EC (1) (‘the VAT Directive’) cover

only the isolated (independent) leasing of such equipment and machinery or also

the leasing (letting) of such equipment and machinery which is exempt by virtue of (and as a supply ancillary to) a letting of a building, effected between the same parties, pursuant to Article 135(1)(l) of the VAT Directive?


(1)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1).