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Re Promociones y Construcciones

In the Spanish case of Re Promociones y Construcciones BJ 200 SL (CJEU Case C-125/12) the CJEU held that art 199(1)(g) of Directive 2006/112/EC ‘must be interpreted as meaning that every sale of immovable property by a judgment debtor carried out not only in the course of the liquidation of the debtor’s assets but also in the course of insolvency proceedings occurring before such liquidation comes within the concept of a compulsory sale procedure provided that such a sale is necessary in order either to settle creditors’ claims or to enable the debtor to re-establish its economic or professional activities’.

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Why it matters: Article 199(1)(g) of Directive 2006/112/EC covers ‘the supply of immovable property sold by a judgment debtor in a compulsory sale procedure’. The CJEU gave guidance as to the scope of this provision.

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