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21.4.2012   

EN

Official Journal of the European Union

C 118/19


Reference for a preliminary ruling from the Högsta förvaltningsdomstolen (Sweden) lodged on 17 February 2012 — Skatteverket v PFC Clinic AB

(Case C-91/12)

2012/C 118/31

Language of the case: Swedish

Referring court

Högsta förvaltningsdomstolen

Parties to the main proceedings

Appellant: Skatteverket

Respondent: PFC Clinic AB

Questions referred

1.

Is Article 132(1)(b) and (c) of the VAT Directive (1) to be interpreted as meaning that the stated exemption from taxation covers services such as those at issue in the present case and which consist of:

(a)

cosmetic surgery,

(b)

cosmetic treatments?

2.

Does it affect that assessment if the surgery or treatments are carried out with the purpose of preventing or treating sicknesses, physical impairments or injuries?

3.

If due account is to be taken of the purpose, can the patient’s understanding of the purpose of the intervention be taken into consideration?

4.

Is it of any importance to the assessment whether the intervention is carried out by licensed medical professionals, or that such professionals decide on its purpose?


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