In a Danish case of ATP PensionService A/S v The Skatteministeriet (C-464/12) a company (ATP) supplied certain services to occupational pension funds. The Danish authorities refused to exempt ATP’s supplies from VAT.
The CJEU ruled that the term ‘special investment funds as defined by member states’ in art 13B(d)(6) of the EC Sixth Directive may cover pension funds such as those at issue in this case if they were funded by the persons to whom the retirement benefit was to be paid if the funds were invested using a risk-spreading principle and if the pension customers bore the investment risk.
The court also ruled that the term ‘management of special investment funds’ in art 13B(d)(6) covered services by means of which an undertaking established the rights of pension customers vis-à-vis pension funds through the opening of accounts in the pension scheme system and the...
