Under EU law, provided that certain conditions are met, the supply of education is exempt from VAT. In addition, the supply of goods or of services closely related thereto are also exempt from VAT.
The question to resolve in this case is whether supplies of services (restaurant meals and performances) provided by the College to members of the public for consideration is a 'closely related' supply which should also benefit from the exemption.
In both cases, the students gain practical experience as part of their courses. HMRC considers that the supplies are separate from the education and are taxable at the standard rate of VAT.
The Court of Justice will deliver its judgement in due course.