Case law — FDD24
Case law

Relevant case law

We follow the practice of the Court of Justice of the European Union (CJEU) and the Lithuanian courts — so your decisions rest not only on the law, but on how it is interpreted.
CJEU · VAT

Halifax (C-255/02)

Transactions whose essential aim is a tax advantage contrary to the purpose of the VAT directive may be redefined — establishing the prohibition of abuse in the field of VAT.

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CJEU · VAT

Kittel and Recolta (C-439/04, C-440/04)

The right to deduct VAT may be refused where it is objectively established that the taxable person knew or should have known that the transaction was connected with fraud.

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CJEU · VAT

Optigen and others (C-354/03)

In a carousel-fraud chain, an honest purchaser who did not and could not have known of the fraud retains the right to deduct VAT.

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CJEU · Corporate tax

Cadbury Schweppes (C-196/04)

Controlled foreign company (CFC) rules may apply only to "wholly artificial arrangements" — otherwise they restrict the freedom of establishment.

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CJEU · VAT

Hedqvist (C-264/14)

Exchanging cryptocurrency (bitcoin) for traditional currency is a VAT-exempt financial transaction. Relevant when assessing crypto operations.

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Lithuania · Practice

Lithuanian courts and references

The Supreme Administrative Court of Lithuania applies CJEU rulings in tax disputes and, where EU-law questions arise (e.g. input VAT deduction), refers them to the CJEU for a preliminary ruling.

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This is a general overview of case law and is not individual legal advice. For your specific situation, please contact FDD24.

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