Way back in 2012, Luxembourg and France dropped the VAT rate they charged on ebooks from the standard rate to the reduced rate (17% -> 3% in Luxembourg and 20% -> 5% in France).
The European Comission ruled against them in 2013, but they appealed to the European Court of Justice.
The European Court of Justice
has now ruled that they are not allowed to charge the reduced, as ebooks must be classified as electronically supplied services, not as books, and so are ineligible for the reduced rate.
This is unfortunate, but expected - the relevant laws are pretty clear. It is to be hoped that the relevant EU laws can be changed, but even if they are, it will take some time.
Thanks to
Ink, Bits & Pixels for the info that the judgement had been rendered.