Court of Justice 21 November 2017, Case C-615/16: Order of the Court (Seventh Chamber) of 21 November 2017 (request for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — Giovanna Judith Kerr v Fazenda Pública (Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Article 15(2) and Article 135(1)(f) — Rights to use immovable property — Exemptions — Scope — Concept of ‘negotiation’)

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The Court of Justice (Seventh Chamber) interpreted Article 15(2) and Article 135(1)(f) of Council Directive 2006/112/EC on the common VAT system in the context of a Portuguese preliminary reference concerning whether an intermediary's activity in facilitating property transactions qualifies as 'negotiation' exempt from VAT. The Court held that the concept of 'negotiation' within Article 135(1)(f) may encompass the activity of a paid intermediary who takes the necessary steps to ensure that a vendor and buyer sign a contract concerning financial transactions in respect of title to property, provided the intermediary does not sign the contract and has no interest in its content. The referring court (Supremo Tribunal Administrativo) was left to determine whether those conditions were satisfied on the facts of the case.AI