Swedish Supreme Administrative Court: The Swedish Group rule on non-deductible input VAT complies with neither the VAT Directive nor the freedom of establishment

The Swedish Supreme Administrative Court (SAC) recently delivered its judgments in two cases regarding the possibility of transferring the non-deductible input VAT in a cross-border situation. According to the Swedish VAT Act this was only possible in non-cross-border situations. Basing its judgments on EU-law, the SAC decided that Swedish law was an unlawful implementation of the VAT Directive as well as a breach of the fundamental freedom of establishment in the TFEU.