4.4.2009 |
EN |
Official Journal of the European Union |
C 82/11 |
Reference for a preliminary ruling from the Hof van beroep te Gent (Belgium) lodged on 8 January 2009 — Erotic Center BVBA v Belgian State
(Case C-3/09)
(2009/C 82/20)
Language of the case: Dutch
Referring court
Hof van beroep te Gent
Parties to the main proceedings
Applicant: Erotic Center BVBA
Defendant: Belgian State
Question referred
Should a cubicle consisting of a lockable space where there is room for only one person and where this person can watch films on a television screen for payment, where this person personally starts the film projection by inserting a coin and has a choice of different films, and during the time paid for can continually modify his/her choice of projected films, be regarded as a ‘cinema’ as referred to in the Sixth Council Directive No 77/388/EEC (1) of 17 May 1977, Annex H, Category 7 (subsequently: Annex III, No 7, of Council Directive 2006/112/EC (2) of 28 November 2006)?
(1) Sixth Council Directive 77/388/EEC on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p. 1).
(2) Council Directive 2006/112/EC on the common system of value added tax (OJ 2006 L 347, p. 1).