38As regards the fact that a company providing services is a subsidiary of another company, established in another Member State, which is the recipient of those services, it must be borne in mind that consideration of the economic and commercial reality is a fundamental criterion for the application of the common system of VAT. Therefore, the classification of an establishment as a ‘fixed establishment’ cannot depend solely on the legal status of the entity concerned (judgment of 7 May 2020, Dong Yang Electronics, C‑547/18, EU:C:2020:350, paragraph 31 and the case-law cited).
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