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Fleischerei Nier GmbH & Co KG v Finanzamt Detmold

Supply of food for parties: whether a supply of goods or services

In Fleischerei Nier GmbH & Co KG v Finanzamt Detmold (ECJ Case C-502/09) a partnership which operated a butcher’s shop also provided a catering service for parties. The tax authority issued an assessment charging VAT on the basis that the whole of the amount charged for the catering service was standard-rated. The partnership appealed and the case was referred to the ECJ for a ruling on whether the partnership should be treated as supplying goods or services. The ECJ held that ‘except in cases in which a party catering service does no more than deliver standard meals without any additional elements of supply of services or in which other special circumstances show that the supply of the food represents the predominant element of a transaction the activities of a party catering service are...

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