Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije (Slovenia) lodged on 8 July 2014 — Petar Kezić, s.p., Trgovina Prizma v Republic of Slovenia — Ministry of Finance
(Case C-331/14)
Language of the case: Slovenian
Referring court
Vrhovno sodišče Republike Slovenije
Parties to the main proceedings
Applicant: Petar Kezić, s.p., Trgovina Prizma
Defendant: Republic of Slovenia — Ministry of Finance
Question referred
Are Articles 2(1) and 4(1) of the Sixth Directive 1 to be interpreted to the effect that, in circumstances such as those of this case (in which a person buys plots of land acting as a natural person, without being charged any input VAT, then acting as a sole trader builds on those plots a shopping centre, enters as assets of his business on the basis of national accounting rules only some of the plots on which he built the shopping centre and then sells the centre together with all the plots of land to the developer), such a person must, because he has not entered certain plots of land as assets of his business or included those plots in the VAT system, be considered not to be obliged to calculate and pay output VAT?
____________1 Sixth Council Directive of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (77/388/EEC) (OJ 1977 L 145, p. 1).