mr. J. el Khalfioui LL.M.

, in VAT

In a VAT group, the member that supplies must itself qualify for the exemption

On 10 June 2026, the EU General Court answered a question from the Dutch Supreme Court in Cavert (T-444/25). A VAT group can rely on the exemptions for medical care and social work only if the member that provides the service qualifies on its own.

The case

A Dutch VAT group in the care sector included a foundation and a private company. The foundation was recognised as a medical institution and as a body devoted to social wellbeing. The company provided 24-hour services to care institutions, but had no such recognition. The court of appeal assessed the exemption at the level of the VAT group.

The ruling

The exemptions in Article 132(1)(b) and (g) of the VAT Directive apply only where the services are provided to third parties by a member which itself satisfies all the conditions, including recognition by the Member State.

The General Court gave two reasons:

What to check

mr. J. el Khalfioui LL.M.

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