AES-3C Maritza East 1 EOOD v Direktor na Direktsia ‘Obzhalvane i upravlenie na izpalnenieto’ pri Tsentralno upravlenie na Natsionalnata agentsia za prihodite Plovdiv

In the Bulgarian case of AES-3C Maritza East 1 EOOD v Direktor na Direktsia ‘Obzhalvane i upravlenie na izpalnenieto’ pri Tsentralno upravlenie na Natsionalnata agentsia za prihodite Plovdiv (Case C-124/12) a company which operated a power station hired staff from an associated company and reclaimed input tax on the provision of transport and protective clothing. The tax authority rejected the claims and the company appealed. The case was referred to the CJEU which held that articles 168(a) and 176 of Directive 2006/112/EC ‘must be interpreted as precluding national legislation under which a taxable person which incurs costs for transport services work clothing protective gear and business trips for staff working for that taxable person does not have the right to a deduction of the VAT relating to those costs on the ground that that staff is provided to it by another entity and accordingly cannot be...