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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:62017CJ0515_RES: Judgment of the Court (Grand Chamber) of 4 February 2020.#Uniwersytet Wrocławski and Republic of Poland v Research Executive Agency.#Appeal — Action for annulment — Article 19 of the Statute of the Court of Justice of the European Union — Representation of parties in direct actions before the Courts of the European Union — Lawyer representing the applicant as a third party — Article 47 of the Charter of Fundamental Rights of the European Union.#Joined Cases C-515/17 P and C-561/17 P.

August 27, 2024 0 Comments

CELEX:62018CJ0524_RES: Judgment of the Court (Second Chamber) of 30 January 2020.#Dr. Willmar Schwabe GmbH & Co.KG v Queisser Pharma GmbH & Co. KG.#Request for a preliminary ruling from the Bundesgerichtshof.#Reference for a preliminary ruling — Public health — Information and consumer protection — Regulation (EC) No 1924/2006 — Implementing Decision 2013/63/EU — Nutritional and health claims made on foods — Article 10(3) — Reference to general, non-specific benefits — Concept of ‘accompanying’ a specific health claim — Obligation to produce scientific evidence — Scope.#Case C-524/18.

August 27, 2024 0 Comments

CELEX:62018TJ0509_RES: Judgment of the General Court (Seventh Chamber) of 19 December 2019.#Czech Republic v European Commission.#EAGF and EAFRD – Expenditure excluded from financing – Applicable time periods between multiple visits by the national control authorities – Announcement of on-the-spot checks – Implied notice – Articles 25 and 26 of Implementing Regulation (EU) No 809/2014 – Flat-rate financial correction.#Case T-509/18.

August 27, 2024 0 Comments

CELEX:62018CJ0307_RES: Judgment of the Court (Fourth Chamber) of 30 January 2020.#Generics (UK) Ltd and Others v Competition and Markets Authority.#Request for a preliminary ruling from the Competition Appeal Tribunal.#Reference for a preliminary ruling — Competition — Pharmaceutical products — Barriers to the entry on the market of generic medicines arising from settlement agreements (relating to disputes concerning process patents) concluded by a manufacturer of originator medicines who is the holder of those patents and manufacturers of generic products – Article 101 TFEU — Potential competition — Restriction by object — Characterisation — Restriction by effect — Assessment of effects — Article 102 TFEU — Relevant market – Inclusion of generic medicines in the relevant market — Abuse of

August 27, 2024 0 Comments

CELEX:62020CJ0065_RES: Judgment of the Court (First Chamber) of 10 June 2021.#VI v KRONE – Verlag Gesellschaft mbH & Co KG.#Request for a preliminary ruling from the Oberster Gerichtshof.#Reference for a preliminary ruling – Consumer protection – Liability for defective products – Directive 85/374/EEC – Article 2 – Concept of ‘defective product’ – Copy of a printed newspaper containing inaccurate health advice – Exclusion from the directive’s scope.#Case C-65/20.

August 27, 2024 0 Comments

CELEX:62018TJ0257_RES: Judgment of the General Court (Second Chamber) of 16 January 2020.#Iberpotash, SA v European Commission.#State aid — Mining sector — Measure consisting (i) in the reduction of financial guarantees for the restoration of mining sites and (ii) in State investment for the restoration of mining sites ensuring a higher level of environmental protection — Decision declaring aid partly incompatible with the internal market and ordering its recovery — Concept of ‘aid’ — Advantage — Transfer of State resources — Selective nature — Legitimate expectations — Legal certainty — Calculation of the amount of the aid.#Case T-257/18.

August 27, 2024 0 Comments

CELEX:62019TJ0854_RES: Judgment of the General Court (Third Chamber) of 2 June 2021 (Extracts).#Franz Schröder GmbH & Co. KG v European Union Intellectual Property Office.#EU trade mark – Invalidity proceedings – EU word mark MONTANA – Absolute ground for refusal – Descriptiveness – Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) – Right to be heard – Article 94(1) of Regulation 2017/1001 – Examination of the facts by EUIPO of its own motion – Admission of evidence submitted for the first time before the Board of Appeal – Article 95(1) and (2) of Regulation 2017/1001.#Case T-854/19.

August 27, 2024 0 Comments

CELEX:62019CJ0504_RES: Judgment of the Court (Third Chamber) of 29 April 2021.#Banco de Portugal and Others v VR.#Request for a preliminary ruling from the Tribunal Supremo.#Reference for a preliminary ruling – Banking supervision – Reorganisation and winding up of credit institutions – Directive 2001/24/EC – Reorganisation measure adopted by an administrative authority in the home Member State of a credit institution – Transfer of rights, assets or liabilities to a ‘bridge institution’ – Transfer back to the credit institution subject to the reorganisation measure – Article 3(2) – Lex concursus – Effect of a reorganisation measure in other Member States – Mutual recognition – Article 32 – Effects of a reorganisation measure on a pending lawsuit – Exception to the application of the lex co

August 27, 2024 0 Comments

CELEX:62019CJ0597_RES: Judgment of the Court (Fifth Chamber) of 17 June 2021.#Mircom International Content Management & Consulting (M.I.C.M.) Limited v Telenet BVBA.#Request for a preliminary ruling from the Ondernemingsrechtbank Antwerpen.#Reference for a preliminary ruling – Intellectual property – Copyright and related rights – Directive 2001/29/EC – Article 3(1) and (2) – Concept of ‘making available to the public’ – Downloading of a file containing a protected work via a peer-to-peer network and the simultaneous provision for uploading pieces of that file – Directive 2004/48/EC – Article 3(2) – Misuse of measures, procedures and remedies – Article 4 – Persons entitled to apply for the application of measures, procedures and remedies – Article 8 – Right of information – Article 13 – Co

August 27, 2024 0 Comments

CELEX:62018TJ0067_RES: Judgment of the General Court (Fifth Chamber) of 19 December 2019.#Probelte, SA v European Commission.#Plant protection products — Active substance 8‑hydroxyquinoline — Request for amendment of the conditions of approval — Procedure for harmonised classification and labelling — Right to be heard — Legitimate expectations — Manifest error of assessment.#Case T-67/18.

August 27, 2024 0 Comments

CELEX:62018CJ0371_RES: Judgment of the Court (Fourth Chamber) of 29 January 2020.#Sky plc and Others v Skykick UK Limited and Skykick Inc.#Request for a preliminary ruling from the High Court of Justice (Chancery Division).#Reference for a preliminary ruling — Approximation of laws — Community trade mark — Regulation (EC) No 40/94 — Articles 7 and 51 — First Directive 89/104/EEC — Articles 3 and 13 — Identification of the goods or services covered by the registration — Failure to comply with the requirements of clarity and precision — Bad faith of the applicant — No intention to use the trade mark for the goods or services covered by the registration — Total or partial invalidity of the trade mark — National legislation requiring the applicant to state that he or she intends to use the tra

August 27, 2024 0 Comments

CELEX:62019TJ0789_RES: Judgment of the General Court (Tenth Chamber, Extended Composition) of 12 May 2021.#Tom Moerenhout and Others v European Commission.#Law governing the institutions – European citizens’ initiative – Trade with territories under military occupation – Refusal of registration – Manifest lack of powers of the Commission – Article 4(2)(b) of Regulation (EU) No 211/2011 – Common commercial policy – Article 207 TFEU – Common foreign and security policy – Article 215 TFEU – Obligation to state reasons – Article 4(3) of Regulation No 211/2011.#Case T-789/19.

August 27, 2024 0 Comments

CELEX:62020TJ0177_RES: Judgment of the General Court (Third Chamber) of 2 June 2021.#Erwin Leo Himmel v European Union Intellectual Property Office.#EU trade mark – Opposition proceedings – Application for EU word mark Hispano Suiza – Earlier EU word mark HISPANO SUIZA – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001).#Case T-177/20.

August 27, 2024 0 Comments

CELEX:62018TJ0170_RES: Judgment of the General Court (Ninth Chamber, Extended Composition) of 12 February 2020 (Extracts).#Alex Kande Mupompa v Council of the European Union.#Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Continued inclusion of the applicant’s name on the list of persons covered — Obligation to state reasons — Rights of the defence — Obligation on the Council to disclose new evidence justifying the renewal of restrictive measures — Error of law — Manifest error of assessment — Right to property — Right to respect for private and family life — Proportionality — Presumption of innocence — Plea of illegality — Modification of the form of order sought.#Case T-170/18.

August 27, 2024 0 Comments

CELEX:62018TJ0605_RES: Judgment of the General Court (Ninth Chamber) of 12 February 2020.#ZF v European Commission.#Civil service – Members of the temporary staff – Pension – Decision determining pension rights – Pension statements – Action for annulment – Time limit for lodging a complaint – Delay – Purely confirmatory act – Partial inadmissibility – Recovery of undue payments – Classification in grade and step – Multiplication factor – Withdrawal of an unlawful act – Legitimate expectation – Reasonable time.#Case T-605/18.

August 27, 2024 0 Comments

CELEX:62019CJ0505_RES: Judgment of the Court (Grand Chamber) of 12 May 2021.#WS v Bundesrepublik Deutschland.#Request for a preliminary ruling from the Verwaltungsgericht Wiesbaden.#Reference for a preliminary ruling – Convention implementing the Schengen Agreement – Article 54 – Charter of Fundamental Rights of the European Union – Article 50 – Ne bis in idem principle – Article 21 TFEU – Freedom of movement of persons – Interpol red notice – Directive (EU) 2016/680 – Lawfulness of the processing of personal data contained in such a notice.#Case C-505/19.

August 27, 2024 0 Comments

CELEX:62015TJ0607_RES: Judgment of the General Court (Second Chamber) of 3 December 2019.#Yieh United Steel Corp. v European Commission.#Dumping — Imports of stainless steel cold-rolled flat products originating in China and Taiwan — Definitive anti-dumping duty — Implementing Regulation (EU) 2015/1429 — Article 2(3) and (5) of Regulation (EC) No 1225/2009 (now Article 2(3) and (5) of Regulation (EU) 2016/1036) — Article 2(1) and (2) of Regulation No 1225/2009 (now Article 2(1) and (2) of Regulation 2016/1036) — Calculation of the normal value — Calculation of the production cost — Sales of the like product intended for consumption on the domestic market of the exporting country.#Case T-607/15.

August 27, 2024 0 Comments

CELEX:62019CJ0719_RES: Judgment of the Court (Grand Chamber) of 22 June 2021.#FS v Staatssecretaris van Justitie en Veiligheid.#Request for a preliminary ruling from the Raad van State.#Reference for a preliminary ruling – Citizenship of the Union – Directive 2004/38/EC – Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States – Article 15 – End of a Union citizen’s temporary residence in the territory of the host Member State – Expulsion decision – Physical departure of that Union citizen from that territory – Temporal effects of that expulsion decision – Article 6 – Possibility for that Union citizen to enjoy a new right of residence on his or her return to that territory.#Case C-719/19.

August 27, 2024 0 Comments

CELEX:62019CJ0439_RES: Judgment of the Court (Grand Chamber) of 22 June 2021.#Proceedings brought by B.#Request for a preliminary ruling from the Satversmes tiesa.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Articles 5, 6 and 10 – National legislation providing for public access to personal data relating to penalty points imposed for road traffic offences – Lawfulness – Concept of ‘personal data relating to criminal convictions and offences’ – Disclosure for the purpose of improving road safety – Right of public access to official documents – Freedom of information – Reconciliation with the fundamental rights to respect for private life and to the protection of personal data – Re-use of data

August 27, 2024 0 Comments

CELEX:62018CJ0682_RES: Judgment of the Court (Grand Chamber) of 22 June 2021.#Frank Peterson v Google LLC and Others and Elsevier Inc.v Cyando AG.#Requests for a preliminary ruling from the Bundesgerichtshof.#Reference for a preliminary ruling – Intellectual property – Copyright and related rights – Making available and management of a video-sharing platform or a file‑hosting and -sharing platform – Liability of the operator for infringements of intellectual property rights by users of its platform – Directive 2001/29/EC – Article 3 and Article 8(3) – Concept of ‘communication to the public’ – Directive 2000/31/EC – Articles 14 and 15 – Conditions for exemption from liability – No knowledge of specific infringements – Notification of such infringements as a condition for obtaining an injun

August 27, 2024 0 Comments
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