Request for a preliminary ruling from the Audiencia Nacional (Spain) lodged on 1 July 2020 – GE Auto Service Leasing GMBH v Tribunal Económico Administrativo Central

(Case C-294/20)

Language of the case: Spanish

Referring court

Audiencia Nacional

Parties to the main proceedings

Applicant: GE Auto Service Leasing GMBH

Defendant: Tribunal Económico Administrativo Central

Questions referred

Must it be accepted as lawful for a taxable person, following repeated requests from the tax authority that it establish compliance with the conditions for entitlement to a refund, to fail to comply with those requests without any reasonable justification and, after it has been refused a refund, for that person to defer the submission of documents until the review procedure or legal action?

Can a situation where a taxable person does not provide the tax authority with the necessary information on which it bases its right when it has been permitted and formally required to do so, and that taxable person fails to provide that information without reasonable justification and the information is instead submitted voluntarily at a later date to a review body or a court, be regarded as an abuse of rights?

Does a non-established taxable person, either on the ground that it failed to submit the relevant information for establishing its right to a refund on time and without reasonable justification, or on the ground that it engaged in abusive practices, lose its right to a refund once the period stipulated or granted for that purpose has elapsed and the tax authority has issued a decision refusing the refund?

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