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AVTO ATOM DOO KOCANI v. "THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA"

Doc ref: 21954/16 • ECHR ID: 001-181748

Document date: February 21, 2018

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AVTO ATOM DOO KOCANI v. "THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA"

Doc ref: 21954/16 • ECHR ID: 001-181748

Document date: February 21, 2018

Cited paragraphs only

Communicated on 21 February 2018

FIRST SECTION

Application no. 21954/16 AVTO ATOM DOO KOCANI against the former Yugoslav Republic of Macedonia lodged on 13 April 2016

SUBJECT MATTER OF THE CASE

The case concerns administrative proceedings in which the applicant company was ordered to pay value-added tax (“VAT”) together with interest, which it had previously deducted from its tax obligation towards the State. It concerned VAT deductions based on invoices that it had obtained from a supplier which had expressed VAT on its invoices although it had not been registered for VAT purposes. The administrative authorities and two levels of administrative courts dismissed the applicant company ’ s arguments that it had not been aware of the supplier ’ s VAT status and that it should not suffer financial consequences for errors on the part of the supplier.

QUESTIONS tO THE PARTIES

Has there been an interference with the applicant company ’ s right to peaceful enjoyment of its possessions, within the meaning of Article 1 of Protocol No. 1? If so, was that interference: (a) necessary to secure the payment of taxes; (b) in the general interest; and (c) with regard to the payment required by the State, did it impose an excessive individual burden for the applicant company (see Business Support Centre v. Bulgaria , no. 6689/03 , § 21 -23, 18 March 2010 )?

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