Finanzamt Lüdenscheid v Schriever

In Finanzamt Lüdenscheid v Schriever (ECJ Case C-444/10) the ECJ held that Article 5(8) of the EC Sixth Directive ‘must be interpreted as meaning that there is a transfer of a totality of assets or a part thereof for the purposes of that provision where the stock and fittings of a retail outlet are transferred concomitantly with the conclusion of a contract of lease to the transferee of the premises of that outlet for an indefinite period but terminable at short notice by either party provided that the assets transferred are sufficient for the transferee to be able to carry on an independent economic activity on a lasting basis’.

Why it matters: Article 5(8) of the EC Sixth Directive provided that Member States may treat the transfer of a ‘totality of...