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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:62022CN0059: Case C-59/22: Request for a preliminary ruling from the Tribunal Superior de Justicia de Madrid (Spain) lodged on 27 January 2022 — MP v Consejería de Presidencia

September 19, 2022 0 Comments

CELEX:62021CB0133: Case C-133/21: Order of the Court (Seventh Chamber) of 7 April 2022 (request for a preliminary ruling from the Efeteio Athinon — Greece) — VP, CX, RG, TR and Others v Elliniko Dimosio (Reference for a preliminary ruling — Social Policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Principle of non-discrimination — Successive fixed-term contracts in the public sector — National legislation establishing a difference in treatment as regards remuneration between workers employed under fixed-term contracts for the supply of services and those employed under contracts of indefinite duration — No justification — Concept of ‘objective reasons’)

September 19, 2022 0 Comments

CELEX:62020CB0521: Case C-521/20: Order of the Court (Sixth Chamber) of 7 April 2022 (request for a preliminary ruling from the Landesverwaltungsgericht Oberösterreich — Austria) — J.P. v B.d.S.L. (Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Directive 1999/62/EC — Charging of heavy goods vehicles for the use of certain infrastructures — Tolls — Non-payment — Penalties — Charter of Fundamental Rights of the European Union — Article 50 — Ne bis in idem principle — Article 94(c) of the Rules of Procedure — Lack of sufficient information — No link between the interpretation of EU law sought and the actual facts of the main action or its purpose — Manifest inadmissibility)

September 19, 2022 0 Comments

CELEX:62020CB0454: Case C-454/20: Order of the Court (Sixth Chamber) of 23 March 2022 — (request for a preliminary ruling from the Rayonen sad Lukovit — Bulgaria) — Criminal proceedings against AZ (Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Transport — Directive 1999/37/EC — Registration documents for vehicles — Directive 2014/45/EU — Periodic roadworthiness tests for motor vehicles — Article 49 of the Charter of Fundamental Rights of the European Union — Principles of legality and proportionality of criminal offences and penalties — Driving a motor vehicle which is not duly registered — Penalties — No implementation of EU law — Clear lack of jurisdiction of the Court)

September 19, 2022 0 Comments

CELEX:62020CB0288: Case C-288/20: Order of the Court (Eighth Chamber) of 24 March 2022 (request for a preliminary ruling from the Tribunal Judiciaire — Bobigny — France) — BNP Paribas Personal Finance SA v ZD (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Loan agreement denominated in a foreign currency (Swiss francs) — Terms exposing the borrower to a foreign exchange risk — Article 4(2) — Requirements of intelligibility and transparency — Burden of proof — Article 3(1) — Significant imbalance — Article 5 — Contractual term that is in plain, intelligible language)

September 19, 2022 0 Comments

CELEX:62022CA0242: Case C-242/22 PPU: Judgment of the Court (First Chamber) of 1 August 2022 (request for a preliminary ruling from the Tribunal da Relação de Évora — Portugal) — Criminal proceedings against TL (Reference for a preliminary ruling — Urgent preliminary ruling procedure — Judicial cooperation in criminal matters — Directive 2010/64/EU — Right to interpretation and translation — Article 2(1) and Article 3(1) — Concept of an ‘essential document’ — Directive 2012/13/EU — Right to information in criminal proceedings — Article 3(1)(d) — Scope — Not implemented in domestic law — Direct effect — Charter of Fundamental Rights of the European Union — Article 47 and Article 48(2) — European Convention for the Protection of Human Rights and Fundamental Freedoms — Article 6 — Suspended p

September 19, 2022 0 Comments

CELEX:62021CA0572: Case C-572/21: Judgment of the Court (Fourth Chamber) of 14 July 2022 (request for a preliminary ruling from the Högsta domstolen — Sweden) — CC v VO (Reference for a preliminary ruling — Jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility — Parental responsibility — Regulation (EC) No 2201/2003 — Article 8(1) and Article 61(a) — General jurisdiction — Perpetuatio fori principle — Transfer, during the proceedings, of the habitual residence of a child from a Member State of the European Union to a third State that is party to the 1996 Hague Convention)

September 19, 2022 0 Comments

CELEX:62021CA0447: Case C-447/21 P: Judgment of the Court (Seventh Chamber) of 1 August 2022 — Petrus Kerstens v European Commission (Appeal — Civil Service — Disciplinary proceedings — Requests for assistance — Rejection — Notification of decisions by electronic means — Action for annulment — Period allowed for commencing proceedings — Point from which time starts to run — Action brought out of time)

September 19, 2022 0 Comments

CELEX:62021CA0401: Case C-401/21 P: Judgment of the Court (Seventh Chamber) of 14 July 2022 — Romania v European Commission (Appeal — Cohesion Fund and European Regional Development Fund (ERDF) — Regulation (EU) No 1303/2013 — Co-financing rate applicable — Amendment of the rate between the submission of the final application for an interim payment and the acceptance of the accounts — Principle that accounts relate to a specific year and principle of non-retroactivity)

September 19, 2022 0 Comments

CELEX:62021CA0371: Case C-371/21 P: Judgment of the Court (Tenth Chamber) of 14 July 2022 — SGI Studio Galli Ingegneria Srl v European Commission (Appeal — Arbitration clause — Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Grant agreement — The MARSOL Project — Eligible costs — European Anti-Fraud Office (OLAF) investigation report finding certain expenses incurred to be ineligible — Repayment of sums paid — Right to access OLAF’s file — Right to be heard — Burden of proof — Distortion of the facts — Probative value — Principle of proportionality — Unjust enrichment)

September 19, 2022 0 Comments

CELEX:62021CA0310: Case C-310/21 P: Judgment of the Court (Tenth Chamber) of 1 August 2022 — Aquind Ltd, Aquind Energy Sàrl, Aquind SAS v European Commission, Kingdom of Spain, Federal Republic of Germany, French Republic (Appeal — Energy — Regulation (EU) No 347/2013 — Trans-European energy infrastructure — Projects of common interest of the European Union — Article 3(4) and Article 16 — Delegation of power to the European Commission — Article 290 TFEU — Delegated Regulation (EU) 2020/389 — Amendment of the list of projects of common interest of the Union — Act adopted by the Commission — Right of objection of the European Parliament and of the Council of the European Union — Time limit — Nature of the act before the expiry of that period)

September 19, 2022 0 Comments

CELEX:62021CA0274: Joined Cases C-274/21 and C-275/21: Judgment of the Court (Eighth Chamber) of 14 July 2022 (requests for a preliminary ruling from the Bundesverwaltungsgericht — Austria) — EPIC Financial Consulting Ges.m.b.H. v Republic of Austria, Bundesbeschaffung GmbH (Reference for a preliminary ruling — Public procurement — Regulation (EU) No 1215/2012 — Not applicable to procedures for granting an interlocutory injunction and review procedures as referred to in Article 2 of Directive 89/665/EEC in the absence of an international element — Directive 2014/24/EU — Article 33 — Treatment of a framework agreement as a contract, for the purposes of Article 2a(2) of Directive 89/665 — Not possible to award a new public contract where the quantity and/or maximum value of the works, suppli

September 19, 2022 0 Comments

CELEX:62021CA0207: Case C-207/21 P: Judgment of the Court (Fourth Chamber) of 14 July 2022 — European Commission v Republic of Poland and Others (Appeal — Annulment of Implementing Decision (EU) 2017/1442 — Article 16(4) and (5) TEU — Article 3(2) and (3) of Protocol (No 36) on transitional provisions — Application ratione temporis — Council’s voting rules — Qualified majority)

September 19, 2022 0 Comments

CELEX:62021CA0168: Case C-168/21: Judgment of the Court (Third Chamber) of 14 July 2022 (request for a preliminary ruling from the Cour de cassation — France) — Execution of a European arrest warrant against KL (Reference for a preliminary ruling — Judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — Article 2(4) — Condition of double criminality of the act — Article 4.1 — Ground for optional non-execution of a European arrest warrant — Review by the executing judicial authority — Acts some of which constitute an offence under the law of the executing Member State — Article 49(3) of the Charter of Fundamental Rights of the European Union — Principle of proportionality of criminal offences and penalties)

September 19, 2022 0 Comments

CELEX:62021CA0116: Joined Cases C-116/21 P to C-118/21 P, C-138/21 P and C-139/21 P: Judgment of the Court (Third Chamber) of 14 July 2022 — European Commission v VW, European Parliament, Council of the European Union (Appeal — Civil service — Pension — Staff Regulations of Officials of the European Union — Article 20 of Annex VIII — Grant of a survivor’s pension — Surviving spouse of a former official in receipt of a retirement pension — Marriage entered into after termination of the official’s service — Condition that the marriage must have lasted for at least five years at the date of the official’s death — Article 18 of Annex VIII — Marriage entered into before termination of the official’s service — Condition that the marriage must have lasted for at least one year only — Plea of ille

September 19, 2022 0 Comments

CELEX:62020CA0567: Case C-567/20: Judgment of the Court (Third Chamber) of 5 May 2022 (request for a preliminary ruling from the Općinski građanski sud u Zagrebu — Croatia) — A.H. v Zagrebačka banka d.d (Reference for a preliminary ruling — Consumer protection — Unfair terms — Directive 93/13/EEC — Applicability of ratione temporis — Article 10(1) — Loan agreement concluded prior to Member State’s accession to the EU but amended after that date — Article 6 — Reimbursement of benefits improperly obtained by the seller or supplier — National legislation providing for the replacement of unfair terms and reimbursement of the overpayment — Applicability of ratione materiae — Article 1(2) — Exclusion of contractual terms which reflect mandatory statutory or regulatory provisions)

September 19, 2022 0 Comments

CELEX:62022TN0405: Case T-405/22: Action brought on 29 June 2022 — UniCredit Bank v SRB

September 19, 2022 0 Comments

CELEX:62022TN0388: Case T-388/22: Action brought on 29 June 2022 — Aristotelio Panepistimio Thessalonikis v ERCEA

September 19, 2022 0 Comments

CELEX:62021TB0317: Case T-317/21: Order of the General Court of 15 July 2022 — El Corte Inglés v EUIPO — Brito & Pereira (TINTAS BRICOR) (EU trade mark — Revocation of the contested decision — Action which has become devoid of purpose — No need to adjudicate)

September 19, 2022 0 Comments

CELEX:62022TN0286: Case T-286/22: Action brought on 18 May 2022 — Aziz v Commission

September 19, 2022 0 Comments
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