Judgment_paragraph 39 · Criminal proceedings against Virgil Mailat and Others (C-17/18)

39In that regard, it is apparent from the case file before the Court that the letting of the movable property included in the lease contract does not appear to be dissociable from the letting of the immovable property in question in the main proceedings. Moreover, it is not disputed that some of the movable property, such as the equipment and kitchen appliances, are incorporated in that immovable property and must, at this stage, be considered to be an integral part of that property. In so far as the movable property that was let, or, as regards some of it, transferred, at the same time as the immovable property, was also used for the operation of the restaurant in the same way as that immovable property, that letting/transfer cannot be regarded as having its own purpose either, but must be treated as a means of better enjoying the principal service supplied, that is, the letting of the immovable property.