13.5.2019 |
EN |
Official Journal of the European Union |
C 164/39 |
Request for a preliminary ruling from the Korkein hallinto-oikeus (Finland) lodged on 8 March 2019 — Veronsaajien oikeudenvalvontayksikkö
(Case C-215/19)
(2019/C 164/41)
Language of the case: Finnish
Referring court
Korkein hallinto-oikeus
Parties to the main proceedings
Appellant: Veronsaajien oikeudenvalvontayksikkö
Other party: A Oy
Questions referred
1. |
Are Articles 13b and 31a of Council Implementing Regulation (EU) No 282/2011 (1) of 15 March 2011 laying down implementing measures for Directive 2006/112/EC (2) on the common system of value added tax, as amended by Council Implementing Regulation (EU) No 1042/2013 (3) of 7 October 2013 amending Implementing Regulation (EU) No 282/2011 as regards the place of supply of services, to be interpreted as meaning that computing centre services of the type at issue in the main proceedings, with which a trader provides its customers with equipment cabinets in a computing centre for holding customers’ servers together with ancillary services, are to be regarded as the leasing or letting of immovable property? |
2. |
If the first question is answered in the negative, are Article 47 of VAT Directive 2006/112/EC and Article 31a of the aforementioned Implementing Regulation nevertheless to be interpreted as meaning that a computing centre service of the type at issue in the main proceedings is to be regarded as a service connected with immovable property, the place of supply of which is the location of the property? |