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Interest Payments in Case of Amounts Levied in Breach of Union Law: An Analysis Based on Three Recent CJEU Judgments in the Field of VAT

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Abstract

The Court of Justice of the European Union (CJEU) has ruled that amounts levied in breach of Union law must be repaid, and those affected must be compensated for any losses incurred, including interest. However, it was not clear whether ‘amounts levied in breach of Union law’ only covers situations where amounts are levied due to a position taken by the tax administration that is later determined to be false, or if it also covers situations where the taxable person misinterprets the law or makes errors. Recent cases such as Gemeente Dinkelland, HUMDA, and Schütte have shown limitations regarding the payment of interest to taxable persons in the field of VAT. This raises questions about the extent to which a taxable person is entitled to interest payments and from which date. This article addresses these issues. This is done by discussing and analysing both the established CJEU case law dealing with amounts levied in breach of Union law and the recent CJEU case law on interest payments in the field of VAT.


Original languageEnglish
Pages (from-to)193-204
Number of pages12
JournalIntertax
Volume53
Issue number2
DOIs
Publication statusPublished - 4 Feb 2025

Bibliographical note

Publisher Copyright:
© 2025 Kluwer Law International BV, The Netherlands

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This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 16 - Peace, Justice and Strong Institutions
    SDG 16 Peace, Justice and Strong Institutions

Research programs

  • SAI 2007-05 FA

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