The Danish Supreme Court finds for the former CEO of an IT business in a VAT case of general public importance
Today, the Danish Supreme Court conclusively found for businessman Peer Kølendorf in a very important action for damages instituted by the Danish Ministry of Taxation due to the Danish state's loss as a result of so-called VAT carousel fraud in which the IT business Comitel International had inadvertently become involved. Plesner represented Peer Kølendorf in the case.
In 2009 the Danish Ministry of Taxation claimed that Peer Kølendorf was to pay damages of DKK 144m. The amount corresponds to the loss incurred by the Danish state as a result of VAT fraud committed by a trusted employee in the Comitel group. At the time, Peer Kølendorf was the majority shareholder, a board member and the CEO of Comitel International.
The relevant employee in Comitel International, who had been involved in VAT carousel fraud in 2003 and 2004 with respect to a number of fictitious trades in IT components and mobile phones, was previously found guilty in the so-called "Yellow Fever" linked cases. However, the Danish Ministry of Taxation claimed that Peer Kølendorf had failed to organise proper supervision that might have disclosed the fraud.
Having lost the case in the Danish Eastern High Court in autumn 2014 the Danish Ministry of Taxation brought the ruling before the Danish Supreme Court.
The Danish Supreme Court has now conclusively established that Peer Kølendorf has lived up to his managerial responsibilities. The case and the decision are deemed to be of great public importance.
Attorney-at-Law Tom Kári Kristjánsson conducted the case on behalf of Peer Kølendorf.
