The European Court of Justice ruled on 5 March 2026 in cases C-436/24 Lyko Operations and C-472/24 MB "Žaidimų valiuta" that loyalty points and virtual in-game currencies do not constitute vouchers under Article 30a of the VAT Directive where suppliers have no obligation to accept them as consideration for supplies.
Loyalty Points Decision
In Lyko Operations, the Court examined a customer loyalty programme where points were awarded based on purchase volume and could be redeemed for additional low-value goods as bonuses. The points were non-transferable, non-exchangeable for money, and could not be used as payment for purchases. The CJEU determined these points did not qualify as vouchers because they merely entitled customers to receive additional goods rather than serving as partial payment for subsequent purchases.
Virtual Currency Ruling
The MB "Žaidimų valiuta" case concerned virtual in-game currency that could be purchased with traditional currencies but used exclusively within the game for virtual items and advantages. The Court rejected voucher classification, finding the virtual currency served exclusively in-game functions and constituted the consumable benefit itself, with no obligation for acceptance as consideration for distinct supplies.
Practical Implications
The judgments establish that instruments qualify as vouchers only where suppliers must actually accept them as consideration for distinct supplies. This requirement is not met by instruments that already constitute the consumable benefit or merely provide discounts. The distinction between vouchers and discounts remains case-specific, with many loyalty programmes potentially qualifying as vouchers where points can be credited against new purchases or redeemed for rewards without additional purchases.
Context
These rulings provide further clarity on EU voucher rules that entered force on 1 January 2019, following previous CJEU guidance on city cards in 2022 and national court decisions on gift cards for digital content. The decisions highlight ongoing challenges in determining voucher classification for digital instruments and loyalty schemes, with classification as multi-purpose vouchers often providing VAT advantages for businesses.