Becker v Finanzamt Münster-Innenstadt

A provision of a directive has direct effect if it is unconditional and sufficiently precise, even where the Member State has some discretion in implementing other parts of it.

Citation
Case 8/81, [1982] ECR 53
Court
Court of Justice of the European Union
Year
1982
Subject
EU Law
Topic
Direct effect of directives

Facts

Mrs Becker was a self employed credit negotiator in Germany. The Sixth VAT Directive provided that certain financial transactions, including the negotiation of credit, were exempt from VAT, but Germany had not implemented the directive in time. The German tax authorities charged her VAT on her services, and she argued that she was exempt under the directive.

Legal principle

The Court of Justice held that Mrs Becker could rely on the exemption in the directive. Wherever the provisions of a directive appear, as far as their subject matter is concerned, to be unconditional and sufficiently precise, those provisions may, in the absence of implementing measures adopted within the prescribed period, be relied upon as against any national provision which is incompatible with the directive. The fact that Member States had some discretion in implementing other parts of the directive did not prevent this provision from having direct effect.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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