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Sodna praksa Sodišča EU, lastni članki, spremembe davčne zakonodaje....

Izbrani prispeveki - novice o davkih pri nas in v EU - NEWS about TAXES

V družbi TAXIN d.o.o. (mag. Franc Derganc), partnerici Mreže Modro Poslovanje preučujemo davčno-pravna in druga poslovno-pravna vprašanja na podlagi študija sodne prakse Sodišča EU in slovenskih sodišč, preučevati moramo pravne predpise EU in domače pravne predpise ter spremljamo "potrebe" strank - podjetij, ki delujejo v Republiki Sloveniji ter na t.i. mednarodnih trgih. 


Mreža modro poslovanje, na dnevnem nivoju, spremlja spremembe iz spodaj navedenih baz podatkov.

   The partners (TAXIN d.o.o.) of the Wisdom Business Network study tax, legal and other business-legal issues based on the study of the case law of the Court of Justice of the EU and Slovenian courts, they must study EU legal regulations and domestic legal regulations, and they must monitor the needs of customers - companies that operate in the Republic of Slovenia and operate also on the so-called international markets.

The Wisdom business network monitors changes from the databases listed below on a daily basis.


 

CELEX:62024TO0666(01): Order of the President of the General Court of 27 March 2025.#Teva Pharma BV v European Medicines Agency.#Interim relief – Access to documents – Regulation (EC) No 1049/2001 – Documents relating to the EMA’s scientific advice given pursuant to Article 57(1)(n) of Regulation (EC) No 726/2004 – Decision to grant a third party access to the documents – Application for suspension of operation of a measure – No urgency.#Case T-666/24 R.

March 28, 2025 0 Comments

CELEX:62023CJ0217: Judgment of the Court (Third Chamber) of 27 March 2025.#Bundesamt für Fremdenwesen und Asyl v A N.#Reference for a preliminary ruling – Area of freedom, security and justice – Common asylum policy – Directive 2011/95/EU – Conditions that must be fulfilled by third-country nationals in order to be eligible for refugee status – Article 2(d) – Reasons for persecution – Article 10(1)(d) – Concept of ‘membership of a particular social group’ – Condition relating to the perception of the group as being different by the surrounding society in the country of origin – Qualification for subsidiary protection – Article 2(f) – Concept of ‘serious harm’ – Article 15(a) and (b) – Persons who are part of the same family and are targeted by a blood feud because of their family relations

March 28, 2025 0 Comments

CELEX:62024CJ0067: Judgment of the Court (Eighth Chamber) of 27 March 2025.#R. K. v K. Ch. and Others.#Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in civil matters – Jurisdiction in matters relating to maintenance obligations – Regulation (EC) No 4/2009 – Maintenance allowances set by a decision of a court of a third State – Maintenance creditors residing in that third State and holding either the nationality of that third State alone or the nationality of that third State and of a Member State – Maintenance debtor, a national of that Member State and habitually resident in that Member State – Application to modify that decision made by that maintenance debtor to a court of that Member State – Determination of the court with jurisdictio

March 28, 2025 0 Comments

CELEX:62023CJ0515: Judgment of the Court (Sixth Chamber) of 27 March 2025.#European Commission v Italian Republic.#Failure of a Member State to fulfil obligations – Urban waste-water treatment – Directive 91/271/EEC – Articles 4, 5 and 10 – Pollution of sensitive areas – Urban waste-water treatment plants – Judgment of the Court establishing a failure to fulfil obligations – Non-implementation – Article 260(2) TFEU – Financial penalties – Periodic penalty payment – Lump sum.#Case C-515/23.

March 28, 2025 0 Comments

CELEX:62024CJ0057: Judgment of the Court (Ninth Chamber) of 27 March 2025.#Proceedings brought by BA, ayant pour représentant légal BR.#Reference for a preliminary ruling – Judicial cooperation in civil matters – Measures relating to the law on succession – Regulation (EU) No 650/2012 – Article 13 – Jurisdiction of the court of the place of the habitual residence of the heir – Late declaration of waiver of the succession of a deceased person, who habitually resided in a Member State, by an heir, who habitually resides in another Member State.#Case C-57/24.

March 28, 2025 0 Comments

CELEX:62024CC0002: Opinion of Advocate General Rantos delivered on 27 March 2025.###

March 28, 2025 0 Comments

CELEX:62024CJ0351: Judgment of the Court (Eighth Chamber) of 27 March 2025.#C/C Vámügynöki Kft. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága.#Reference for a preliminary ruling – Free movement of goods – Customs union – Union Customs Code – Article 119(3) – Error made when issuing movement certificates – Repayment or remission of import or export duties – Regional Convention on pan-Euro-Mediterranean preferential rules of origin – Appendix I – Article 32 – Administrative cooperation – Verification of proofs of origin.#Case C-351/24.

March 28, 2025 0 Comments

CELEX:62023CJ0091: Judgment of the Court (Sixth Chamber) of 27 March 2025.#XH v European Commission.#Appeal – Civil service – Official – Refusal to amend the official’s personal file – Decision not to include the official’s name on the list of persons promoted in 2020 – Action for annulment and for damages – Time limits for bringing proceedings – Starting point – Application for legal aid – Suspension of time limits – Article 148(9) of the Rules of Procedure of the General Court – Order of the General Court refusing the applicant that aid – Service by registered post, with a form for acknowledgement of receipt, to the address mentioned in the application for legal aid – Unforeseeable circumstances or force majeure – Excusable error.#Case C-91/23 P.

March 28, 2025 0 Comments

CELEX:62024CJ0186: Judgment of the Court (Seventh Chamber) of 27 March 2025.#Dr. Matthäus Metzler, agissant en qualité d’administrateur de l’insolvabilité v Auto1 European Cars B.V.#Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) 2015/848 – Insolvency proceedings – Article 31(1) – Awareness of the insolvency proceedings – Obligations for the benefit of a debtor which should be honoured for the benefit of the insolvency practitioner – Sale of an asset (car) by the debtor after the opening of the insolvency proceedings – Honouring of an obligation to a debtor.#Case C-186/24.

March 28, 2025 0 Comments

CELEX:62023CC0764: Opinion of Advocate General Rantos delivered on 27 March 2025.###

March 28, 2025 0 Comments

CELEX:62024CO0720: Order of the Vice-President of the Court of 21 March 2025.#Nuctech Warsaw Company Limited sp. z o.o. and InsTech Netherlands BV, anciennement Nuctech Netherlands BV v European Commission.#Appeal – Interim relief – Foreign subsidies – Inspections within the European Union – Regulation (EU) 2022/2560 – Accessibility of data requested by the European Commission – Application for suspension of operation of a measure – Urgency.#Case C-720/24 P(R).

March 28, 2025 0 Comments

CELEX:62021CJ0662_SUM: Judgment of the Court (Tenth Chamber) of 23 March 2023.#Proceedings brought by Booky.fi Oy.#Reference for a preliminary ruling – Articles 34 and 36 TFEU – Free movement of goods – Measure having equivalent effect to a quantitative restriction – Recordings of audiovisual programmes – Online sale – Legislation of a Member State requiring classification according to age and labelling of programmes – Protection of minors – Recordings already classified and labelled in another Member State – Proportionality.#Case C-662/21.

March 27, 2025 0 Comments

CELEX:62021CJ0565_SUM: Judgment of the Court (Fourth Chamber) of 16 March 2023.#Caixabank SA v X.#Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Articles 3, 4 and 5 – Consumer contracts – Mortgage loans – Unfair terms – Term concerning loan arrangement fees – Application seeking a declaration of invalidity of that term and reimbursement of the amount paid on that basis – Plainness and intelligibility of the terms – Existence of specific national legislation.#Case C-565/21.

March 27, 2025 0 Comments

CELEX:62021CJ0574_SUM: Judgment of the Court (Third Chamber) of 23 March 2023.#QT v 02 Czech Republic a. s.#Reference for a preliminary ruling – Self-employed commercial agents – Directive 86/653/EEC – Article 17(2)(a) – Termination of the agency contract – Entitlement of the commercial agent to an indemnity – Conditions for granting – Equitable indemnity – Assessment – Concept of ‘commission lost by the commercial agent’ – Commission on future transactions – New customers brought by the commercial agent – Existing customers with whom the commercial agent has significantly increased the volume of business – One-off commission payments.#Case C-574/21.

March 27, 2025 0 Comments

CELEX:62021CJ0511_SUM: Judgment of the Court (Second Chamber) of 16 March 2023.#European Commission v Ana Calhau Correia de Paiva.#Appeal – Rules on languages – Open competition EPSO/AD/293/14 – Notice of competition – Limitation of the choice of the second language of the competition to English, French or German – Non-inclusion on the reserve list – Plea of illegality of the notice of competition – Admissibility.#Case C-511/21 P.

March 27, 2025 0 Comments

CELEX:62021CJ0438_SUM: Judgment of the Court (Fourth Chamber) of 16 March 2023.#European Commission and Others v Pharmaceutical Works Polpharma S.A.#Appeal – Public health – Medicinal products for human use – Directive 2001/83/EC – Regulation (EC) No 726/2004 – Application for marketing authorisation for a generic version of the medicinal product Tecfidera – Decision of the European Medicines Agency (EMA) not to validate the application for marketing authorisation – Earlier European Commission decision taking the view that Tecfidera was not covered by the same global marketing authorisation as Fumaderm – Previously authorised combination medicinal product – Subsequent marketing authorisation for a component of the combination medicinal product – Assessment of the existence of a global mark

March 27, 2025 0 Comments

CELEX:62021CJ0653_SUM: Judgment of the Court (Eighth Chamber) of 23 March 2023.#Syndicat Uniclima v Ministre de l'Intérieur.#Reference for a preliminary ruling – Internal market – Harmonisation of the laws of the Member States relating to machinery, electrical equipment and pressure equipment – Directive 2006/42/EC – Directive 2014/35/EU – Directive 2014/68/EU – ‘CE marking’ – Imposition, by national regulations, of requirements additional to the essential safety requirements laid down by those directives – Conditions – National safety regulations to counter the risks of fire and panic in establishments open to the public.#Case C-653/21.

March 27, 2025 0 Comments

CELEX:62021CJ0522_SUM: Judgment of the Court (Fourth Chamber) of 16 March 2023.#MS v Saatgut-Treuhandverwaltungs GmbH.#Reference for a preliminary ruling – Intellectual property – Protection of plant varieties – Regulation (EC) No 2100/94 – Derogation provided for in Article 14(3) – Article 94(2) – Infringement – Right to compensation – Regulation (EC) No 1768/95 – Article 18(2) – Compensation for damage – Minimum lump sum calculated on the basis of quadruple the licence fee – Competence of the European Commission – Invalidity.#Case C-522/21.

March 27, 2025 0 Comments

CELEX:62022TJ0307_RES: Judgment of the General Court (First Chamber, Extended Composition) of 26 March 2025.#A2B Connect BV and Others v Council of the European Union.#Common foreign and security policy – Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine – Temporary prohibition of broadcasting and suspension of authorisations for the broadcasting of content by certain media outlets – Temporary prohibition of advertising for products or services in content produced or broadcast by certain media outlets – Competence of the Council – Freedom of expression and of information – Proportionality – Obligation to state reasons.#Case T-307/22.

March 27, 2025 0 Comments

CELEX:62024TJ0140: Judgment of the General Court (Seventh Chamber) of 26 March 2025.#Xilin Gol League Xiyang Mutton Industry Co. Ltd v European Union Intellectual Property Office.#EU trade mark – Revocation proceedings – EU word mark baidu – Genuine use of the mark – Article 58(1)(a) of Regulation (EU) 2017/1001 – Lack of use in connection with the goods and services in respect of which the mark is registered.#Case T-140/24.

March 27, 2025 0 Comments
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