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Post by account_disabled on Dec 23, 2023 23:09:55 GMT -7
Athe contract . If the answer to Question is yes a Should the interpretation of Article be influenced by an analysis of whether the customer is likely to exercise the option to purchase b Is the size of the price payable on exercise of the option to purchase relevant for the purposes of determining the economic purpose of the contract. . The request for a preliminary ruling was received by the Court on March . Written observations were filed by MBFS the United Kingdom and Netherlands Governments and the European Commission. MBFS the United Kingdom Government and the Commission Country Email List were represented at the hearing on January . . In the opinion of MBFS the Netherlands Government and the Commission Article b of Directive applies to agreements which feature the option to purchase the subject of the agreement the asset on terms which make it certain or very likely that the. The United Kingdom Government by contrast regards it as irrelevant whether the transfer of ownership of the asset occurs automatically or whether it is optional. In its opinion Article b of. Directive applies whenever as a result of the payment of the final instalment the lessee becomes the owner of the asset even when payment of that final instalment is voluntary. Analysis . By the questions referred in the present case which it is appropriate to examine jointly the referring court essentially seeks to establish whether and in what circumstances a leasing agreement with an option for the lessee to purchase the subject matter of the lease following the expiry of.
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