28.2.2022 |
EN |
Official Journal of the European Union |
C 95/6 |
Request for a preliminary ruling from the Naczelny Sąd Administracyjny (Poland) lodged on 30 September 2021 — Gmina O. v Dyrektor Krajowej Informacji Skarbowej
(Case C-612/21)
(2022/C 95/10)
Language of the case: Polish
Referring court
Naczelny Sąd Administracyjny
Parties to the main proceedings
Applicant: Gmina O.
Defendant: Dyrektor Krajowej Informacji Skarbowej
Questions referred
1. |
Must the provisions of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, (1) in particular Articles 2(1), 9(1) and 13(1) thereof, be interpreted as meaning that a municipality (a public authority) acts as a taxable person for VAT purposes in carrying out a project whose objective is to increase the proportion of renewable energy sources by means of entering into a civil-law contract with property owners, under which the municipality undertakes to install renewable energy source systems on their property and — after a certain period of time has elapsed — to transfer the ownership of those systems to the property owners? |
2. |
If the answer to the first question is in the affirmative, must European co-financing received by a municipality (a public authority) for the implementation of projects involving renewable energy sources be included in the taxable amount within the meaning of Article 73 of that directive? |
(1) OJ 2006 L 347, p. 1.