Case law

  • Case Details
    • National ID: AP de Madrid (Sección 17ª) Sentencia num. 605/2014 de 12 mayo
    • Member State: Spain
    • Common Name:link
    • Decision type: Court decision in appeal
    • Decision date: 12/05/2014
    • Court: Provincial Court of Madrid
    • Subject:
    • Plaintiff: Unknown
    • Defendant: Prosecutor
    • Keywords: selling price
  • Directive Articles
    Price Indication Directive, Article 2, (a)
  • Headnote
    VAT is not part of the price and it should not be taken into account when setting out the value of the products (e.g. when judging a shoplifting case).
  • Facts
    The plaintiff had covered the inside of her bag with aluminum paper and gone to El Corte Inglés, where she took many pieces of clothes without getting rid of the alarm, which did not sound due to the aluminum paper covering the inside of her bag. While she was coming out the commercial establishment, a couple of policemen realized she was acting very nervously and started to suspect her. They followed her to the car where her husband was waiting for her and discovered all the stolen clothes. She was prosecuted and convicted for a serious misdemeanor (delito), with a sentence of 2 months in prison, which were commuted for a fine. She lodged an appeal against the decision claiming that the court of first instance should not have taken into account the VAT of the product and that deducting such amount, the illicit act was not a serious but a minor misdemeanor (falta).
  • Legal issue
    Although Royal Decree 3423/2000 states that the price must be inclusive of the VAT and other applicable taxes, VAT is still an indirect tax and, therefore, it has to be considered as an element different from the price.
  • Decision

    Is the VAT part of the price?

    Full text: Full text

  • Related Cases

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  • Legal Literature

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  • Result
    As a result of the interpretation of article 4.1 of Royal Decree 3423/2000, VAT was excluded from the price and the illicit act qualified as a minor crime instead of as a serious one. The penalty was lowered.