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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:62016TJ0749_RES: Judgment of the General Court (Second Chamber) of 8 May 2019.#Stemcor London Ltd and Samac Steel Supplies Ltd v European Commission.#Dumping — Imports of certain cold-rolled flat steel products originating in China and Russia — Definitive anti-dumping duty — Registration of imports — Retroactive application of the definitive anti-dumping duty — Implementing Regulation (EU) 2016/1329 — Importer’s awareness of the dumping and injury — Further substantial rise in imports likely to seriously undermine the remedial effect of the definitive anti-dumping duty — Article 10(4)(c) and (d) of Regulation (EU) 2016/1036.#Case T-749/16.

September 4, 2024 0 Comments

CELEX:62017CJ0608_RES: Judgment of the Court (First Chamber) of 19 June 2019.#Skatteverket v Holmen AB.#Request for a preliminary ruling from the Högsta förvaltningsdomstolen.#Reference for a preliminary ruling — Corporation tax — Group of companies — Freedom of establishment — Deduction of losses of a non-resident subsidiary — Concept of ‘final losses’ — Application to a sub-subsidiary — Legislation of the State of establishment of the parent company requiring direct ownership of the subsidiary — Legislation of the State of establishment of the subsidiary restricting the set-off of losses and prohibiting them from being set off in the year of liquidation.#Case C-608/17.

September 4, 2024 0 Comments

CELEX:62018CJ0100_RES: Judgment of the Court (Second Chamber) of 20 June 2019.#Línea Directa Aseguradora SA v Segurcaixa Sociedad Anónima de Seguros y Reaseguros.#Request for a preliminary ruling from the Tribunal Supremo.#Reference for a preliminary ruling — Insurance against civil liability in respect of the use of motor vehicles — Directive 2009/103/EC — Article 3, first paragraph — Concept of ‘use of vehicles’ — Damage to building as a result of a fire in a vehicle parked in the private garage of the building — Compulsory insurance cover.#Case C-100/18.

September 4, 2024 0 Comments

CELEX:62017TJ0492_RES: Judgment of the General Court (First Chamber) of 2 April 2019 (Extracts).#Stephan Fleig v European External Action Service.#Civil Service – Contract staff – Contract of indefinite duration – Article 47(c)(i) of the CEOS – Termination with notice – Grounds for termination – Breakdown in the relationship of trust – Interests of the service – Manifest error of assessment – Duty to have regard to the welfare of staff – Principle of sound administration – Articles 30 and 41 of the Charter of Fundamental Rights – Procedural issue – Publication on the internet of documents included in the file relating to the proceedings before the General Court – Article 17 of the Staff Regulations.#Case T-492/17.

September 4, 2024 0 Comments

CELEX:62017TJ0170_RES: Judgment of the General Court (Second Chamber) of 8 May 2019.#RW v European Commission.#Civil service – Officials – Article 42c of the Staff Regulations – Leave in the interests of the service – Automatic retirement – Interest in bringing proceedings – Admissibility – Scope of the law – Literal, contextual and teleological interpretation.#Case T-170/17.

September 4, 2024 0 Comments

CELEX:62016TJ0300_RES: Judgment of the General Court (First Chamber, Extended Composition) of 10 April 2019.#Jindal Saw Ltd and Jindal Saw Italia SpA v European Commission.#Subsidies — Imports of tubes and pipes of ductile cast iron originating in India — Implementing Regulation (EU) 2016/387 — Imposition of a definitive countervailing duty — Indian scheme establishing an export tax on iron ore and a dual railway freight charge placing the transport of iron ore for export at a disadvantage — Article 3(1)(a)(iv) of Regulation (EC) No 597/2009 (replaced by Regulation (EU) 2016/1037) — Financial contribution — Provision of goods — Action consisting of ‘entrusting’ a private body to carry out a function constituting a financial contribution — Article 4(2)(a) of Regulation No 597/2009 — Specifi

September 4, 2024 0 Comments

CELEX:62016TO0161_RES: Order of the General Court (First Chamber) of 22 May 2019 (Extracts).#Puma SE v European Union Intellectual Property Office.#EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark CMS Italy — Earlier international figurative marks representing a feline bounding to the left — Relative grounds for refusal — Reputation of the earlier marks — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001) — Evidence of reputation — Previous decisions of EUIPO recognising the reputation of the earlier marks — Taking account of those decisions — Obligation to state reasons — Principle of sound administration.#Case T-161/16.

September 4, 2024 0 Comments

CELEX:62018TJ0423_RES: Judgment of the General Court (Eighth Chamber) of 7 May 2019.#Fissler GmbH v European Union Intellectual Property Office.#EU trade mark — Application for the EU word mark vita — Absolute grounds for refusal — No distinctive character — Descriptiveness — Concept of characteristic — Name of a colour — Article 7(1)(b) and (c) of Regulation (EU) 2017/1001.#Case T-423/18.

September 4, 2024 0 Comments

CELEX:62017TJ0737_RES: Judgment of the General Court (Ninth Chamber) of 30 April 2019.#Francis Wattiau v European Parliament.#Civil service — Social security — JSIS — Reimbursement of medical expenses — Agreement concluded, in particular, between the European Union, Luxembourg and the Entente des hôpitaux luxembourgeois on the scales of fees for hospital care received by JSIS members — Plea of illegality — Principle of non-discrimination on grounds of nationality — First paragraph of Article 18 TFEU — Articles 20 and 21 of the Charter of Fundamental Rights — Article 39 of the Joint Rules on sickness insurance for officials.#Case T-737/17.

September 4, 2024 0 Comments

CELEX:62017TJ0747_RES: Judgment of the General Court (Sixth Chamber) of 30 April 2019.#Union des Ports de France - UPF v European Commission.#State aid – Corporate tax exemption scheme implemented by France in favour of its ports – Decision declaring the aid scheme incompatible with the internal market – Existing aid – Concept of economic activity – Obligation to state reasons – Distortions of competition and effect on trade between Member States – Principle of sound administration.#Case T-747/17.

September 4, 2024 0 Comments

CELEX:62017TJ0239_RES: Judgment of the General Court (Eighth Chamber) of 7 May 2019 (Extracts).#Federal Republic of Germany v European Commission.#EAGF and EAFRD – Expenditure excluded from financing – Expenditure incurred by Germany – Flat-rate financial correction applied due to insufficient frequency of key controls – Obligation to calculate interest and record it in the accounts annually – Articles 31 and 32 of Regulation (EC) No 1290/2005 – Article 6(h) of Regulation (EC) No 885/2006 – Obligation to state reasons – Proportionality.#Case T-239/17.

September 4, 2024 0 Comments

CELEX:62017TJ0167_RES: Judgment of the General Court (Second Chamber) of 12 June 2019.#RV v European Commission.#Civil service – Officials – Article 42c of the Staff Regulations – Leave in the interests of the service – Automatic retirement – Measure not open to challenge – Partial inadmissibility – Scope of the law – Court acting of its own motion – Literal, contextual and teleological interpretation.#Case T-167/17.

September 4, 2024 0 Comments

CELEX:62018CJ0404_RES: Judgment of the Court (Third Chamber) of 20 June 2019.#Jamina Hakelbracht and Others v WTG Retail BVBA.#Request for a preliminary ruling from the Arbeidsrechtbank Antwerpen.#Reference for a preliminary ruling — Social policy — Directive 2006/54/EC — Equal treatment for men and women — Access to employment and working conditions — Article 24 — Protection against retaliatory measures — Rejection of a candidate due to her pregnancy — Employee intervening in favour of that candidate — Dismissal of that employee.#Case C-404/18.

September 4, 2024 0 Comments

CELEX:62017TJ0222_RES: Judgment of the General Court (Eighth Chamber) of 23 May 2019 (Extracts).#Recylex SA and Others v European Commission.#Competition — Agreements, decisions and concerted practices — Market for lead-acid car battery recycling — Decision finding an infringement of Article 101 TFEU — Coordination of purchase prices — Fines — Point 26 of the 2006 Leniency Notice — Point 37 of the Guidelines on the method of setting fines — Unlimited jurisdiction.#Case T-222/17.

September 4, 2024 0 Comments

CELEX:62015TJ0182_RES: Judgment of the General Court (Fourth Chamber) of 9 April 2019.#Sopra Steria Group SA v European Parliament.#Public service contracts — Tendering procedure — Supply of IT services to the Parliament and other EU institutions and bodies — Exclusion from tendering procedures — Potential conflict of interests — Failure to provide information required by the contracting authority — Article 107(1)(b) of the Financial Regulation — Transparency — Proportionality — Equal treatment — Article 102(1) of the Financial Regulation.#Case T-182/15.

September 4, 2024 0 Comments

CELEX:62018TJ0228_RES: Judgment of the General Court (Ninth Chamber) of 16 May 2019 (Extracts).#Transtec v European Commission.#Public service contracts – Tender procedure – Framework contract for the provision of services – Services to third countries benefiting from external aid – Rejection of a tenderer’s bid and award of the contract to other tenderers – Allegations of grave professional misconduct against a tenderer – No final judgment or final administrative decision establishing grave professional misconduct – Conditions for referral to the panel referred to in Article 108 of the Financial Regulation – Abnormally low tenders – Obligation to state reasons – Taking into account of a letter sent by the awarding authority after the action had been brought – Right to an effective remedy

September 4, 2024 0 Comments

CELEX:62017TJ0733_RES: Judgment of the General Court (Seventh Chamber) of 16 May 2019 (Extracts).#GMP-Orphan (GMPO) v European Commission.#Medicinal products for human use – Article 3(1)(b) of Regulation (EC) No 141/2000 – Definition of ‘significant benefit’ – Availability of orphan medicinal products – Article 5(12)(b) of Regulation No 141/2000 – Commission decision to remove a medicinal product from the Register of Orphan Medicinal Products – Error of assessment – Error of law – Legitimate expectations.#Case T-733/17.

September 4, 2024 0 Comments

CELEX:62018TJ0268_RES: Judgment of the General Court (Seventh Chamber) of 27 June 2019 (Extracts).#Luciano Sandrone v European Union Intellectual Property Office.#EU trade mark — Opposition proceedings — Application for EU word mark Luciano Sandrone — Earlier EU word mark DON LUCIANO — Genuine use of the earlier mark — Article 47(2) and (3) of Regulation (EU) 2017/1001 — Relative ground for refusal — Article 8(1)(b) of Regulation 2017/1001 — Application for an EU word mark consisting of a first name and of a surname — Earlier mark consisting of an honorific title and a first name — Neutrality of the conceptual comparison — No likelihood of confusion.#Case T-268/18.

September 4, 2024 0 Comments

CELEX:62015TJ0373_RES: Judgment of the General Court (First Chamber, Extended Composition) of 19 June 2019.#Ja zum Nürburgring eV v European Commission.#State aid — Individual aid in favour of the Nürburgring complex for the construction of a leisure park, hotels and restaurants as well as for the organisation of motor races — Decision finding the aid to be incompatible with the internal market — Decision finding that the reimbursement of the aid found to be incompatible does not concern the new owner of the Nürburgring complex — Action for annulment — No substantial effect on competitive position — Association — Status of negotiator — Inadmissibility — Decision finding no State aid after the preliminary examination stage — Action for annulment — Interested party — Legal interest in bringi

September 4, 2024 0 Comments

CELEX:62015TJ0353_RES: Judgment of the General Court (First Chamber, Extended Composition) of 19 June 2019.#NeXovation, Inc. v European Commission.#State aid — Individual aid in favour of the Nürburgring complex for the construction of a leisure park, hotels and restaurants as well as for the organisation of motor races — Decision finding the aid to be incompatible with the internal market — Decision finding that the reimbursement of the aid found to be incompatible does not concern the new owner of the Nürburgring complex — Action for annulment — No substantial effect on competitive position — Inadmissibility — Decision finding no State aid after the preliminary examination stage — Action for annulment — Interested party — Legal interest in bringing an action — Admissibility — Breach of p

September 4, 2024 0 Comments
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