Questão jurídica principal
Which authority is competent to decide the VAT treatment of radio and TV reception fees when the payer contests VAT chargeability and charge-onward shifting?
Decisão extraída
In an öffentlich-rechtliches fee relationship, the fee-collecting authority may decide the VAT question by way of decision; Art. 6 MWSTG does not require the civil courts to decide this issue.
Fundamentação extraída
Art. 6 MWSTG is meant for typical private-law supply relationships. Where the underlying relationship is public law, VAT issues tied to the main performance must be decided in the same public-law procedure, avoiding a split between decision and civil action.