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Biosafe - Indústria de Reciclagens. VAT deduction. Retroactive effect of an invoice correction. Court of Justice

Judgment of the Court of Justice in the case Biosafe - Indústria de Reciclagens.

Articles 63, 167, 168, 178 to 180, 182 and 219 of Council Directive 2006/112/EC and also the principle of fiscal neutrality, must be interpreted as precluding legislation of a Member State pursuant to which, in circumstances such as those at issue in the main proceedings in which, following a tax adjustment, additional VAT was paid to the State and was the subject of documents rectifying the initial invoices several years after the supply of the goods in question, the right to deduct VAT is to be refused on the ground that the period laid down by that legislation for the exercise of that right started to run from the date of issue of those initial invoices and had expired. 



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