Article 33 of Council Directive 2006/112 / EC of 28 November 2006 on the common system of value added tax must be interpreted as meaning that, in the case of goods sold by means of a website by a supplier established in one Member State to buyers located in another Member State, when, for the purpose of the delivery of these goods, these buyers, in accordance with the shipping options offered by this supplier, choose a company suggested through this site with which they conclude a contract distinct from that binding them to said supplier for the purchase of said goods, the latter must be considered as being transported “by the supplier or on his behalf”, within the meaning of this article 33, when the role of the same supplier is paramount as regards the initiative and the organization of the essential stages of the transport of the same goods, which is for the referring court to verify, taking into account all the relevant circumstances of the main dispute.
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