mr. J. el Khalfioui LL.M.

, in VAT

A director held liable for VAT must be able to challenge the assessment

On 16 July 2026, the Court of Justice ruled in Case C-158/25 that a director held liable for a company's VAT keeps a real right of defence.

The case

On 17 March 2018, the Luxembourg tax authority issued VAT assessments against a company for the years 2014 to 2016. The company's appeal was out of time and the VAT was not paid. On 16 May 2019, the authority called on the former day-to-day director to pay it. The Luxembourg courts held that the assessments had become final and could no longer be challenged by him.

The ruling

The right to an effective remedy in Article 47 of the Charter applies here, because national law uses this liability to collect VAT due under the VAT Directive. National law cannot stop the director from challenging the assessment incidentally, in his appeal against the demand for payment.

He must be able to dispute the facts and legal classifications on which his liability rests, including the VAT assessment and the unpaid amount, as far as useful for his defence. He can also rely on infringements of his fundamental rights in the taxation procedure.

The right has limits:

What to check

mr. J. el Khalfioui LL.M.

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