The Judicial Practice on Value Added Taxation (VAT) in the Interactions between the European Tax Law (the Case Law of the European Court of Justice) and National Tax Law (the Jurisprudence of the Hungarian Administrative Courts)

Abstract

The present paper aims to give an overview on the contribution of the Hungarian courts in the form of preliminary references to the shaping of the interpretation of the European VAT rules. The current system of the European VAT is neutral and complex, and it involves several actors. However, the VAT system is a quickly developing field, new questions such as the one related to reverse VAT and its impact or the proportionality of sanctions have recently arisen. A cycle of questions and answers can be observed, as questions emerging in new tax cases are often built upon previous cases. The European Court of Justice had and still has to address issues like the responsibility of the invoice recipient, the conflict between tax neutrality and combating tax evasion, as well as the allocation of competences between national and EU levels. Many of the Hungarian cases can be considered important brickstones in developing the case law of the Court.