Under the current legal situation, the Austrian Federal Fiscal Code (Bundesabgabenordnung; BAO) provides default interest only in case of a delayed refund of income tax or corporate income tax but not in case of a delayed refund of an overpaid VAT. However, a closer examination of the previous case-law of the CJEU indicates that such a claim exists derived from EU law. Recently, the CJEU has further clarified its legal position with regard to the necessary interest rate and a legal claim to compound interest.
