ADSITS Balkan & Sea Properties v Direktor na Direktsia Obzhalvane i upravlenie na izpalnenieto (and related appeal)

In ADSITS Balkan & Sea Properties v Direktor na Direktsia Obzhalvane i upravlenie na izpalnenieto (and related appeal) (CJEU Case C-621/10) where the tax authority considered that properties had been sold to a connected company at an inflated value Advocate-General Sharpston expressed the Opinion that Article 80(1) of Directive 2006/112/EC comprised ‘an exhaustive list of the circumstances in which a Member State may levy VAT on a transaction on the basis of its open market value rather than of the consideration actually paid’. The provisions did not ‘authorise a Member State to take such an approach where the supplier or customer as the case may be has a full right of deduction’. A national provision which required VAT to be levied on the basis of open market value in all cases where the parties were connected was incompatible with Article...