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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:62019CJ0743_RES: Judgment of the Court (Grand Chamber) of 14 July 2022.#European Parliament v Council of the European Union.#Action for annulment – Law governing the institutions – Bodies, offices and agencies of the European Union – European Labour Authority (ELA) – Competence to determine the location of the seat – Article 341 TFEU – Scope – Decision adopted by the Representatives of the Governments of the Member States in the margins of a Council meeting – Jurisdiction of the Court under Article 263 TFEU – Author and legal nature of the act – Absence of binding effects in the EU legal order.#Case C-743/19.

August 7, 2024 0 Comments

CELEX:62018CJ0059_RES: Judgment of the Court (Grand Chamber) of 14 July 2022.#Italian Republic and Comune di Milano v Council of the European Union.#Action for annulment – Law governing the institutions – EU bodies, offices and agencies – European Medicines Agency (EMA) – Competence to determine the location of the seat – Article 341 TFEU – Scope – Decision adopted by the Representatives of the Governments of the Member States in the margins of a Council meeting – Jurisdiction of the Court under Article 263 TFEU – Author and legal nature of the act – Absence of binding effects in the EU legal order.#Joined Cases C-59/18 and C-182/18.

August 7, 2024 0 Comments

CELEX:62021CJ0019_RES: Judgment of the Court (Grand Chamber) of 1 August 2022.#I and S v Staatssecretaris van Justitie en Veiligheid.#Request for a preliminary ruling from the Rechtbank Den Haag zittingsplaats Haarlem.#Reference for a preliminary ruling – Regulation (EU) No 604/2013 – Criteria and mechanisms for determining the Member State responsible for examining an application for international protection – Article 8(2) and Article 27(1) – Unaccompanied minor with a relative legally present in another Member State – Refusal by that Member State of that minor’s take charge request – Right to an effective remedy of that minor or of that relative against the refusal decision – Articles 7, 24 and 47 of the Charter of Fundamental Rights of the European Union – Best interests of the child.#C

August 7, 2024 0 Comments

CELEX:62020CJ0134_RES: Judgment of the Court (Grand Chamber) of 14 July 2022.#IR v Volkswagen AG.#Request for a preliminary ruling from the Landesgericht Eisenstadt.#Reference for a preliminary ruling – Approximation of laws – Regulation (EC) No 715/2007 – Approval of motor vehicles – Article 3(10) – Article 5(1) and (2) – Defeat device – Motor vehicles – Diesel engines – Pollutant emissions – Emission control system – Software installed in the electronic engine controller – Exhaust gas recirculation valve (‘EGR valve’) – Reduction in nitrogen oxide (NOx) emissions limited by a ‘temperature window’ – Prohibition on the use of defeat devices that reduce the effectiveness of emission control systems – Article 5(2)(a) – Exception to that prohibition – Directive 1999/44/EC – Sale of consumer g

August 7, 2024 0 Comments

CELEX:62020CJ0576_RES: Judgment of the Court (Second Chamber) of 7 July 2022.#CC v Pensionsversicherungsanstalt.#Request for a preliminary ruling from the Oberster Gerichtshof.#Reference for a preliminary ruling – Social security for migrant workers – Regulation (EC) No 987/2009 – Article 44(2) – Scope – Old-age pension – Calculation – Taking into account of child-raising periods completed in other Member States – Article 21 TFEU – Free movement of citizens.#Case C-576/20.

August 7, 2024 0 Comments

CELEX:62019CJ0106_RES: Judgment of the Court (Grand Chamber) of 14 July 2022.#Italian Republic and Comune di Milano v Council of the European Union and European Parliament.#Action for annulment – Law governing the institutions – Regulation (EU) 2018/1718 – Location of the seat of the European Medicines Agency (EMA) in Amsterdam (Netherlands) – Article 263 TFEU – Admissibility – Interest in bringing proceedings – Locus standi – Direct and individual concern – Decision adopted by the Representatives of the Governments of the Member States in the margins of a Council meeting in order to determine the location of the seat of an EU agency – Absence of binding effects in the EU legal order – Prerogatives of the European Parliament.#Joined Cases C-106/19 and C-232/19.

August 7, 2024 0 Comments

CELEX:62022CJ0242_RES: Judgment of the Court (First Chamber) of 1 August 2022.#Criminal proceedings against TL.#Request for a preliminary ruling from the Tribunal da Relação de Évora.#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 prison sentence with probatio

August 7, 2024 0 Comments

CELEX:62021CJ0110_RES: Judgment of the Court (Second Chamber) of 14 July 2022.#Universität Bremen v European Research Executive Agency.#Appeal – Action for annulment – Article 19 of the Statute of the Court of Justice of the European Union – Representation of non-privileged parties in a direct action before the Courts of the European Union – University teacher – University teacher teaching at the university represented in that action and performing duties as coordinator and head of the project that is the subject matter of the dispute – Condition of independence – Existence of a direct and personal interest in the outcome of the dispute.#Case C-110/21 P.

August 7, 2024 0 Comments

CELEX:62020CJ0145_RES: Judgment of the Court (Grand Chamber) of 14 July 2022.#DS v Porsche Inter Auto GmbH & Co KG and Volkswagen AG.#Request for a preliminary ruling from the Oberster Gerichtshof.#Reference for a preliminary ruling – Approximation of laws – Regulation (EC) No 715/2007 – Approval of motor vehicles – Article 5(2) – Defeat device – Motor vehicles – Diesel engines – Emission control system – Software installed in the electronic engine controller – Exhaust gas recirculation valve (‘EGR valve’) – Reduction in nitrogen oxide (NOx) emissions limited by a ‘temperature window’ – Prohibition on the use of defeat devices that reduce the effectiveness of emission control systems – Article 5(2)(a) – Exception to that prohibition – Consumer protection – Directive 1999/44/EC – Sale of co

August 7, 2024 0 Comments

CELEX:62020CJ0720_RES: Judgment of the Court (Grand Chamber) of 1 August 2022.#RO légalement représentée v Bundesrepublik Deutschland.#Request for a preliminary ruling from the Verwaltungsgericht Cottbus.#Reference for a preliminary ruling – Common policy on asylum – Criteria and mechanisms for determining the Member State responsible for examining an application for international protection – Regulation (EU) No 604/2013 (Dublin III) – Application for international protection lodged by a minor in his or her Member State of birth – Parents of that minor who have previously obtained refugee status in another Member State – Article 3(2) – Article 9 – Article 20(3) – Directive 2013/32/EU – Article 33(2)(a) – Admissibility of the application for international protection and responsibility for e

August 7, 2024 0 Comments

CELEX:62022CO0032_RES: Order of the Court (Grand Chamber) of 1 August 2022.#Anheuser-Busch Inbev SA/NV and Ampar BVBA v Magnetrol International NV and European Commission.#Appeal – Intervention – State aid – Aid scheme implemented by the Kingdom of Belgium – Admission of interventions in appeal proceedings against a judgment of the General Court – Annulment of the decision of the General Court – Referral of the case back to the General Court – Decision of the General Court refusing to place on the case file written observations on the judgment effecting that referral lodged by an intervener in the appeal – Implied decision of the General Court refusing to grant an intervener in the appeal the status of intervener before the General Court – Admissibility of the appeal – Status of intervener

August 7, 2024 0 Comments

CELEX:62021CJ0116_RES: Judgment of the Court (Third Chamber) of 14 July 2022.#European Commission and Council of the European Union v VW and Others.#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 illegality in respect of Article 20 of Annex VIII – Charter of Fundamental

August 7, 2024 0 Comments

CELEX:62021CJ0014_RES: Judgment of the Court (Grand Chamber) of 1 August 2022.#Sea Watch eV v Ministero delle Infrastrutture e dei Trasporti and Others.#Requests for a preliminary ruling from the Tribunale Amministrativo Regionale per la Sicilia.#Reference for a preliminary ruling – Activities relating to the search for and rescue of persons in danger or distress at sea carried out by a humanitarian non-governmental organisation (NGO) – Regime applicable to ships – Directive 2009/16/EC – United Nations Convention on the Law of the Sea – International Convention for the Safety of Life at Sea – Respective competences and powers of the flag State and the port State – Inspection and detention of ships.#Joined Cases C-14/21 and C-15/21.

August 7, 2024 0 Comments

CELEX:62020CJ0588_RES: Judgment of the Court (First Chamber) of 1 August 2022.#Landkreis Northeim v Daimler AG.#Request for a preliminary ruling from the Landgericht Hanover.#Reference for a preliminary ruling – Competition – Agreements, decisions and concerted practices – Article 101 TFEU – Actions for damages for infringements of the provisions of EU competition law – European Commission decision finding an infringement – Settlement procedure – Products concerned by the infringement – Specialised trucks – Household refuse collection trucks.#Case C-588/20.

August 7, 2024 0 Comments

CELEX:62021CJ0168_RES: Judgment of the Court (Third Chamber) of 14 July 2022.#KL.#Request for a preliminary ruling from the Cour de cassation.#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 the European arrest warrant – Verification 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.#Case C-168/21.

August 7, 2024 0 Comments

CELEX:62022CO0031_RES: Order of the Court (Grand Chamber) of 1 August 2022.#Atlas Copco Airpower and Atlas Copco AB v European Commission.#Appeal – Intervention – State aid – Aid scheme implemented by the Kingdom of Belgium – Admission of interventions in appeal proceedings against a judgment of the General Court – Annulment of the decision of the General Court – Referral of the case back to the General Court – Decision of the General Court refusing to place on the case file written observations on the judgment effecting that referral lodged by an intervener in the appeal – Implied decision of the General Court refusing to grant an intervener in the appeal the status of intervener before the General Court – Admissibility of the appeal – Status of intervener before the General Court of an i

August 7, 2024 0 Comments

CELEX:62019CJ0793_RES: Judgment of the Court (Grand Chamber) of 20 September 2022.#Bundesrepublik Deutschland v SpaceNet AG and Telekom Deutschland GmbH.#Requests for a preliminary ruling from the Bundesverwaltungsgericht.#Reference for a preliminary ruling – Processing of personal data in the electronic communications sector – Confidentiality of communications – Providers of electronic communications services – General and indiscriminate retention of traffic and location data – Directive 2002/58/EC – Article 15(1) – Charter of Fundamental Rights of the European Union – Articles 6, 7, 8 and 11 and Article 52(1) – Article 4(2) TEU.#Joined Cases C-793/19 and C-794/19.

August 7, 2024 0 Comments

CELEX:62022CO0074_RES: Order of the Court (Grand Chamber) of 1 August 2022.#Soudal NV and Esko-Graphics BVBA v Magnetrol International NV and European Commission.#Appeal – Intervention – State aid – Aid scheme implemented by the Kingdom of Belgium – Admission of interventions in appeal proceedings against a judgment of the General Court – Annulment of the decision of the General Court – Referral of the case back to the General Court – Decision of the General Court refusing to place on the case file written observations on the judgment effecting that referral lodged by an intervener in the appeal – Implied decision of the General Court refusing to grant an intervener in the appeal the status of intervener before the General Court – Admissibility of the appeal – Status of intervener before t

August 7, 2024 0 Comments

CELEX:62020TJ0713_RES: Judgment of the General Court (Fourth Chamber) of 7 September 2022.#OQ v European Commission.#Civil service – Recruitment – Notice of open competition EPSO/AD/378/20 (AD 7) – Croatian-language lawyer-linguists at the Court of Justice of the European Union – Decision of the selection board not to admit the applicant to the next stage of the competition – Conditions for admission – Condition relating to a level of education corresponding to completed university studies attested by a diploma in Croatian law – Possession of a French diploma in law – Freedom of movement for workers – Action for annulment.#Case T-713/20.

August 7, 2024 0 Comments

CELEX:62020CJ0128_RES: Judgment of the Court (Grand Chamber) of 14 July 2022.#GSMB Invest GmbH & Co. KG v Auto Krainer GesmbH.#Request for a preliminary ruling from the Landesgericht Klagenfurt.#Reference for a preliminary ruling – Approximation of laws – Regulation (EC) No 715/2007 – Approval of motor vehicles – Article 3(10) – Article 5(1) and (2) – Defeat device – Motor vehicles – Diesel engines – Pollutant emissions – Emission control system – Software installed in the electronic engine controller – Exhaust gas recirculation valve (‘EGR valve’) – Reduction in nitrogen oxide (NOx) emissions limited by a ‘temperature window’ – Prohibition on the use of defeat devices that reduce the effectiveness of emission control systems – Article 5(2)(a) – Exception to that prohibition.#Case C-128/20

August 7, 2024 0 Comments
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