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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:62020TA0651: Case T-651/20: Judgment of the General Court of 7 September 2022 — KL v EIB (Civil service — Personnel of the EIB — Unjustified absences — Failure to report for medical examination — Action for annulment and for damages)

October 31, 2022 0 Comments

CELEX:62020TA0529: Case T-529/20: Judgment of the General Court of 7 September 2022 — LR v EIB (Civil service — EIB staff — Remuneration — Resettlement allowance — Establishment of a member of staff’s residence in his or her own home after leaving the service of the EIB — Second indent of the first paragraph of Article 13 of the EIB Staff Rules — Concept of ‘home’ — Literal interpretation according to a prevailing language version — Unlimited jurisdiction — Dispute of a financial character — Admissibility)

October 31, 2022 0 Comments

CELEX:62020TA0470: Case T-470/20: Judgment of the General Court of 7 September 2022 — DD v FRA (Civil service — Temporary staff — Disciplinary regime — Removal from post — Opening of an administrative investigation — Initiation of disciplinary proceedings — Requirement for impartiality — Error of law — Manifest error of assessment — Articles 11, 12 and 21 of the Staff Regulations — Duty of loyalty — Legal certainty — Freedom of expression — Article 11 of the Charter of Fundamental Rights — Principle of sound administration — Duty of care — Presumption of innocence — Right to be heard — Reasonable period of time — Proportionality of the sanction)

October 31, 2022 0 Comments

CELEX:62020TA0217: Case T-217/20: Judgment of the General Court of 7 September 2022 — Greece v Commission (EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by Greece — Rural Development — Key controls — Flat-rate financial corrections — Obligation to state reasons — Protection of legitimate expectations — Legal certainty — Proportionality — Principle of sound administration)

October 31, 2022 0 Comments

CELEX:62019TA0631: Case T-631/19: Judgment of the General Court of 7 September 2022 — BNetzA v ACER (Energy — Internal market in electricity — Regulation (EU) 2019/942 — Decision of the Board of Appeal of ACER — Action for annulment — Act not open to challenge — Inadmissibility — ACER’s competence — Article 8 of Regulation (EC) No 713/2009 — Article 6(10) of Regulation 2019/942 — Article 9(12) of Regulation (EU) 2015/1222 — Applicable law — Regulation (EU) 2019/943)

October 31, 2022 0 Comments

CELEX:62020TA0091: Case T-91/20: Judgment of the General Court of 7 September 2022 — WT v Commission (Civil service — Officials — Disciplinary proceedings — Disciplinary penalty in the form of a reprimand — Duty to have regard for the welfare of officials — Principle of good administration — Right to be heard — Obligation to state reasons — Reasonable time — Psychological harassment — Principle of legal certainty — Material and non-material damage)

October 31, 2022 0 Comments

CELEX:62019TA0794: Case T-794/19: Judgment of the General Court of 7 September 2022 — Set v Commission (State aid — Italian electricity market — Capacity mechanism — Decision not to raise objections — Availability of the electricity production capacity — Modification of the capacity mechanism — Serious difficulties — Procedural rights of interested parties — Guidelines on State aid for environmental protection and energy 2014-2020)

October 31, 2022 0 Comments

CELEX:62019TA0793: Case T-793/19: Judgment of the General Court of 7 September 2022 — Tirreno Power v Commission (State aid — Italian electricity market — Capacity mechanism — Decision not to raise objections — Availability of the electricity production capacity — Modification of the capacity mechanism — Serious difficulties — Procedural rights of interested parties — Guidelines on State aid for environmental protection and energy 2014-2020)

October 31, 2022 0 Comments

CELEX:62022CN0576: Case C-576/22: Action brought on 30 August 2022 — European Commission v Kingdom of Spain

October 31, 2022 0 Comments

CELEX:62022CN0470: Case C-470/22: Request for a preliminary ruling from the Vrchní soud v Praze (Czech Republic) lodged on 14 July 2022 — Česká národní skupina Mezinárodní federace hudebního průmyslu, z. s. v I&Q GROUP, spol. s r.o., Hellspy SE

October 31, 2022 0 Comments

CELEX:62021CA0416: Case C-416/21: Judgment of the Court (Fourth Chamber) of 15 September 2022 (request for a preliminary ruling from the Bayerisches Oberstes Landesgericht — Germany) — Landkreis A.-F. v J. Sch. Omnibusunternehmen and K. Reisen GmbH (Reference for a preliminary ruling — Public procurement procedures — Directive 2014/24/EU — Point (d) of the first subparagraph of Article 57(4) — Optional grounds for exclusion — Agreements with other economic operators aimed at distorting competition — Directive 2014/25/EU — Article 36(1) — Principles of proportionality and equal treatment of tenderers — Article 80(1) — Use of exclusion grounds and selection criteria provided for under Directive 2014/24/EU — Tenderers which constitute an economic unit and have submitted separate tenders that

October 31, 2022 0 Comments

CELEX:62021CA0347: Case C-347/21: Judgment of the Court (Eighth Chamber) of 15 September 2022 (request for a preliminary ruling from the Spetsializiran nakazatelen sad — Bulgaria) — Criminal proceedings against DD (Reference for a preliminary ruling — Judicial cooperation in criminal matters — Directive (EU) 2016/343 — Strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings — Article 8(1) — Right of an accused person to be present at the trial — Examination of an incriminating witness in the absence of the accused person — Possibility of remedying the infringement of a right at a later stage in the proceedings — Additional examination of the same witness — Directive 2013/48/EU — Right of access to a lawyer in crim

October 31, 2022 0 Comments

CELEX:62021CA0326: Case C-326/21 P: Judgment of the Court (Tenth Chamber) of 15 September 2022 — PNB Banka AS v European Central Bank (Appeal — Economic and monetary policy — Prudential supervision of credit institutions — Insolvency proceedings — Refusal by the European Central Bank (ECB) to grant the request of the board of directors of a credit institution seeking an order instructing the insolvency administrator of that institution to grant the lawyer authorised by that board access to the premises, information, staff and resources of that institution — Competence of the author of the measure — Article 263 TFEU — Measure open to an annulment action — Inadmissibility)

October 31, 2022 0 Comments

CELEX:62021CA0227: Case C-227/21: Judgment of the Court (Fourth Chamber) of 15 September 2022 (request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas — Lithuania) — UAB ‘HA.EN.’ v Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos (Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Right to deduct input VAT — Sale of an item of immovable property between taxable persons — Vendor subject to insolvency proceedings — National practice under which the purchaser is denied the right of deduction on the ground that he or she knew or should have known of the vendor’s difficulties in paying the output tax — Fraud and abuse of rights — Conditions)

October 31, 2022 0 Comments

CELEX:62021CA0058: Case C-58/21: Judgment of the Court (Seventh Chamber) of 15 September 2022 (request for a preliminary ruling from the Verwaltungsgericht Wien — Austria) — FK (Reference for a preliminary ruling — Coordination of social security systems — Regulation (EC) No 883/2004 — Article 13 — Determination of the legislation applicable — Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons — Annex II — Article 1(2) — Person pursuing the profession of lawyer the centre of interest of whose private and professional activities is situated in Switzerland and who also pursues that profession in two other Member States — Application for the award of an early retirement pension — National

October 31, 2022 0 Comments

CELEX:62021CA0045: Case C-45/21: Judgment of the Court (Grand Chamber) of 13 September 2022 (request for a preliminary ruling from the Ustavno sodišče Republike Slovenije — Slovenia) — Banka Slovenije (Reference for a preliminary ruling — European System of Central Banks — National central bank — Directive 2001/24/EC — Reorganisation and winding up of credit institutions — Compensation for damage resulting from the adoption of reorganisation measures — Article 123 TFEU and Article 21.1 of Protocol (No 4) on the Statute of the European System of Central Banks and of the European Central Bank — Prohibition of monetary financing of Member States in the euro area — Article 130 TFEU and Article 7 of that protocol — Independence — Disclosure of confidential information)

October 31, 2022 0 Comments

CELEX:62021CA0022: Case C-22/21: Judgment of the Court (Third Chamber) of 15 September 2022 (request for a preliminary ruling from the Supreme Court — Ireland) — SRS, AA v Minister for Justice and Equality (Reference for a preliminary ruling — Directive 2004/38/EC — Right of Union citizens and their family members to move and reside freely within the territory of the Member States — Article 3(2), first subparagraph, point (a) — Concept of ‘other family members who are members of the household of the Union citizen having the primary right of residence’ — Assessment criteria)

October 31, 2022 0 Comments

CELEX:62021CA0018: Case C-18/21: Judgment of the Court (Third Chamber) of 15 September 2022 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Uniqa Versicherungen AG v VU (Reference for a preliminary ruling — Judicial cooperation in civil matters — European order for payment procedure — Regulation No 1896/2006 — Article 16(2) — 30-day time limit for lodging a statement of opposition to the European order for payment — Article 20 — Review procedure — Article 26 — Application of national law for procedural issues not specifically dealt with in that regulation — COVID 19 pandemic — National legislation which interrupted the procedural periods in civil matters for several weeks)

October 31, 2022 0 Comments

CELEX:62021CA0004: Case C-4/21: Judgment of the Court (Second Chamber) of 15 September 2022 (request for a preliminary ruling from the Conseil d’État — France) — Fédération des entreprises de la beauté v Agence nationale de sécurité du médicament et des produits de santé (ANSM) (Reference for a preliminary ruling — Approximation of laws — Cosmetic products — Regulation (EC) No 1223/2009 — Article 27 — Safeguard clause — Article 27(1) — Scope — Provisional national safeguard measures — General measure — Application to a category of cosmetic products containing the same substance — Individual measure — Application to an identified cosmetic product — Provisional national measure imposing certain labelling requirements on a category of leave-on products containing phenoxyethanol)

October 31, 2022 0 Comments

CELEX:62020CA0705: Case C-705/20: Judgment of the Court (Second Chamber) of 15 September 2022 (request for a preliminary ruling from the Income Tax Tribunal of Gibraltar (United Kingdom) — United Kingdom) — Fossil (Gibraltar) Limited v Commissioner of Income Tax (Reference for a preliminary ruling — State aid — Aid schemes implemented by the Government of Gibraltar concerning corporate income tax — Decision (EU) 2019/700 — Non-taxation of passive interest and royalty income — Decision of the European Commission declaring the aid scheme unlawful and incompatible with the internal market — Recovery obligation — Scope — Domestic provision which was not the subject of the Commission’s investigation concerning the State aid at issue — Set-off of the tax paid abroad in order to prevent double ta

October 31, 2022 0 Comments
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