Request for a preliminary ruling from the Najvyšší súd Slovenskej republiky in the case Volkswagen.
Must Directive 2008/9 and the right to a tax refund be interpreted to the effect that the cumulative satisfaction of two conditions is required to exercise the right to a VAT refund, namely:
(i) the supply of the goods or service and
(ii) the inclusion of VAT on the invoice by the supplier?
In other words, is it possible for a taxable person who has not been charged VAT on an invoice to claim a tax refund?
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