Questione giuridica chiave
Whether the export of the jewels was taxable in Switzerland despite the unlawful crossing of the border and the lack of customs proof.
Decisione estratta
No Swiss VAT could be levied on the export because no taxable supply had been made in Switzerland; a customs irregularity cannot create a fictitious domestic delivery.
Motivazione estratta
The buyers were only potential customers in Switzerland, and the transfer of economic power over the jewels had not occurred there. The rule deeming undeclared exports as domestic applies only where a prior delivery in Switzerland exists.