Publishing Industry and Reduced VAT Rates: An Open Question

In this article, the authors discuss the decision of the ECJ in K Oy and highlight the problems with the concept of an “average consumer”. From this decision, it seems that the opinion of the “average consumer” could justify the differential tax rates chosen by Member States. In the opinion of the authors, national courts can now apply this concept to ensure the neutrality of the VAT system and avoid discrimination between comparable goods or services.