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ARTICLE · 03 FEBRUARY 2026

ECJ Clarifies VAT Exemption For Cost-Sharing Groups: Implications For Spain, Germany, And Netherlands

On January 22, 2026, the European Court of Justice (ECJ) issued a landmark ruling in joined cases C‑379/24 and C‑380/24, addressing the scope of the VAT exemption for cost-sharing groups under Article 132(1)(f)...

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On January 22, 2026, the European Court of Justice (ECJ) issued a landmark ruling in joined cases C‑379/24 and C‑380/24, addressing the scope of the VAT exemption for cost-sharing groups under Article 132(1)(f) of the EU VAT Directive 1. The decision provides long-awaited clarity on how broadly this exemption should be interpreted, particularly in relation to general support services such as cleaning, IT, and administration and sets important boundaries on how Member States may apply the "distortion of competition" provision.

The ruling has immediate implications for public interest sectors across the EU, especially in Spain, Germany and the Netherlands, where national laws and administrative practices have historically taken a narrow view of the exemption. For tax-exempt entities in healthcare, education, and social services, the judgment opens the door to more flexible and VAT-efficient collaboration models.

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