European Court Rejects ECB VAT Refund Claim
the European Court of Justice has rejected a claim by the European Central
Bank for a EUR44 million Value Added Tax rebate from the German government related
to the rental of its premises in Frankfurt. The ECB had argued that European Community privileges, in addition to its headquarters
agreement, supported its claim for the VAT refund from the German authorities. However, the Court of Justice, which agreed with an opinion published by advocate
general Christine Stix-Hackl in September, ruled that the ECB's headquarters
agreement didn't entitle the ECB to a refund because the tax wasn't specifically
itemized. The judges added that the obligation to specify refundable taxes in the agreement
was designed to protect governments against complex refund claims. .
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