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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:62021CJ0148_RES: Judgment of the Court (Grand Chamber) of 22 December 2022.#Christian Louboutin v Amazon Europe Core Sàrl and Others.#Requests for a preliminary ruling from the Tribunal d'arrondissement de Luxembourg and Tribunal de l’entreprise francophone de Bruxelles.#Reference for a preliminary ruling – EU trade mark – Regulation (EU) 2017/1001 – Article 9(2)(a) – Rights conferred by an EU trade mark – Concept of ‘use’ – Operator of an online sales website incorporating an online marketplace – Advertisements published on that marketplace by third-party sellers using, in those advertisements, a sign which is identical with a trade mark of another person for goods which are identical with those for which that trade mark is registered – Perception of that sign as forming an integral

August 6, 2024 0 Comments

CELEX:62021CJ0237_RES: Judgment of the Court (Grand Chamber) of 22 December 2022.#Generalstaatsanwaltschaft München v S.M.#Request for a preliminary ruling from the Oberlandesgericht München.#Reference for a preliminary ruling – Citizenship of the European Union – Articles 18 and 21 TFEU – Request sent to a Member State by a third State for the extradition of a Union citizen who is a national of another Member State and who has exercised his right to free movement in the first of those Member States – Request made for the purpose of enforcing a custodial sentence – Prohibition on extradition applied solely to own nationals – Restriction of freedom of movement – Justification based on the prevention of impunity – Proportionality.#Case C-237/21.

August 6, 2024 0 Comments

CELEX:62021TO0709_RES: Order of the General Court (Fourth Chamber, Extended Composition) of 7 December 2022.#WhatsApp Ireland Ltd v European Data Protection Board.#Action for annulment – Protection of personal data – Draft decision of the lead supervisory authority – Resolution of disputes between supervisory authorities by the European Data Protection Board – Binding decision – Article 60(4) and Article 65(1)(a) of Regulation (EU) 2016/679 – Act not open to challenge – Preparatory act – Lack of individual concern.#Case T-709/21.

August 6, 2024 0 Comments

CELEX:62014TJ0316(01)_RES: Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 November 2022.#Kurdistan Workers' Party (PKK) v Council of the European Union.#Common foreign and security policy – Restrictive measures against the PKK with a view to combating terrorism – Freezing of funds – Common Position 2001/931/CFSP – Applicability to situations of armed conflict – Terrorist group – Factual basis of the fund-freezing decisions – Decision taken by a competent authority – Authority of a third State – Review – Proportionality – Obligation to state reasons – Rights of the defence – Right to effective judicial protection – Modification of the application.#Joined Cases T-316/14 RENV and T-148/19.

August 6, 2024 0 Comments

CELEX:62021CJ0311_RES: Judgment of the Court (Second Chamber) of 15 December 2022.#CM v TimePartner Personalmanagement GmbH.#Request for a preliminary ruling from the Bundesarbeitsgericht.#Reference for a preliminary ruling – Employment and social policy – Temporary agency work – Directive 2008/104/EC – Article 5 – Principle of equal treatment – Need to respect, in the event of derogation from that principle, the overall protection of temporary agency workers – Collective agreement providing for lower pay than that of staff recruited directly by the user undertaking – Effective judicial protection – Judicial review.#Case C-311/21.

August 6, 2024 0 Comments

CELEX:62019TJ0657_RES: Judgment of the General Court (Fourth Chamber, Extended Composition) of 9 November 2022 (Extracts).#Feralpi Holding SpA v European Commission.#Competition – Agreements, decisions and concerted practices – Market for concrete reinforcing bars – Decision finding an infringement of Article 65 CS, after expiry of the ECSC Treaty, on the basis of Regulation (EC) No 1/2003 – Price fixing – Limiting and controlling output and sales – Decision taken following the annulment of earlier decisions – New hearing held in the presence of the competition authorities of the Member States – Rights of the defence – Principle of sound administration – Reasonable time – Obligation to state reasons – Proportionality – Ne bis in idem principle – Plea of illegality – Single, complex and con

August 6, 2024 0 Comments

CELEX:62021CJ0731_RES: Judgment of the Court (Eighth Chamber) of 8 December 2022.#GV v Caisse nationale d’assurance pension.#Request for a preliminary ruling from the Cour de cassation du Grand-Duché de Luxembourg.#Reference for a preliminary ruling – Free movement of persons – Article 45 TFEU – Workers – Regulation (EU) No 492/2011 – Article 7(1) and (2) – Equal treatment – Social advantages – Survivor’s pension – Members of a civil partnership – National legislation making the grant of a survivor’s pension conditional upon the entry in the national register of a partnership that was validly concluded and registered in another Member State.#Case C-731/21.

August 6, 2024 0 Comments

CELEX:62019TJ0246_RES: Judgment of the General Court (Fifth Chamber, Extended Composition) of 9 November 2022.#Kingdom of Cambodia and Cambodia Rice Federation (CRF) v European Commission.#Safeguard measures – Rice market – Imports of Indica rice originating in Cambodia and Myanmar/Burma – Regulation (EU) No 978/2012 – Concept of ‘Union producers’ – Concept of ‘like or directly competing products’ – Serious difficulties – Rights of the defence – Essential facts and considerations – Manifest errors of assessment.#Case T-246/19.

August 6, 2024 0 Comments

CELEX:62021TJ0164_RES: Judgment of the General Court (Seventh Chamber) of 9 November 2022 (Extracts).#QM v European Union Agency for Law Enforcement Cooperation.#Civil service – Members of the temporary staff – Non-renewal of a fixed-term contract for an indefinite period – Interest of the service – Error in law – Manifest error of assessment – Right to a hearing – Principle of sound administration – Duty to have regard for the interests of officials.#Case T-164/21.

August 6, 2024 0 Comments

CELEX:62019TJ0655_RES: Judgment of the General Court (Fourth Chamber, Extended Composition) of 9 November 2022.#Ferriera Valsabbia SpA and Valsabbia Investimenti SpA v European Commission.#Competition – Agreements, decisions and concerted practices – Market for concrete reinforcing bars – Decision finding an infringement of Article 65 CS after expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 – Fixing of prices – Limiting and controlling output and sales – Decision adopted following the annulment of earlier decisions – Holding of a new hearing attended by the competition authorities of the Member States – Rights of the defence – Principle of sound administration – Reasonable time – Obligation to state reasons.#Case T-655/19.

August 6, 2024 0 Comments

CELEX:62019TJ0667_RES: Judgment of the General Court (Fourth Chamber, Extended Composition) of 9 November 2022 (Extracts).#Ferriere Nord SpA v European Commission.#Competition – Agreements, decisions and concerted practices – Market for concrete reinforcing bars – Decision finding an infringement of Article 65 CS, after expiry of the ECSC Treaty, on the basis of Regulation (EC) No 1/2003 – Price fixing – Limiting and controlling output and sales – Decision taken following the annulment of earlier decisions – New hearing held in the presence of the competition authorities of the Member States – Rights of the defence – Principle of sound administration – Reasonable time – Obligation to state reasons – Proportionality – Ne bis in idem principle – Plea of illegality – Evidence of involvement i

August 6, 2024 0 Comments

CELEX:62020TJ0279_RES: Judgment of the General Court (Ninth Chamber, Extended Composition) of 23 November 2022.#CWS Powder Coatings GmbH and Others v European Commission.#Environment and protection of human health – Regulation (EC) No 1272/2008 – Classification, labelling and packaging of substances and mixtures – Delegated Regulation (EU) 2020/217 – Classification of titanium dioxide in powder form containing 1% or more of particles of a diameter equal to or below 10 μm – Criteria for classification of a substance as carcinogenic – Reliability and acceptability of studies – Substance that has the intrinsic property to cause cancer – Calculation of lung overload in particles – Manifest errors of assessment.#Cases T-279/20 and T-288/20.

August 6, 2024 0 Comments

CELEX:62021TJ0611_RES: Judgment of the General Court (Second Chamber) of 30 November 2022.#ADS L. Kowalik, B. Włodarczyk s.c. v European Union Intellectual Property Office.#Case T-611/21.

August 6, 2024 0 Comments

CELEX:62018TJ0101_RES: Judgment of the General Court (Third Chamber) of 30 November 2022 (Extracts).#Republic of Austria v European Commission.#State aid – Nuclear industry – Aid planned by Hungary for the development of two new nuclear reactors at the Paks site – Decision declaring the aid compatible with the internal market subject to compliance with certain commitments – Article 107(3)(c) TFEU – Compliance of the aid with EU law other than State aid law – Inextricable link – Promotion of nuclear energy – First paragraph of Article 192 of the Euratom Treaty – Principle of protection of the environment, ‘polluter pays’ principle, precautionary principle and principle of sustainability – Determination of the economic activity concerned – Market failure – Distortion of competition – Proport

August 6, 2024 0 Comments

CELEX:62020TJ0469_RES: Judgment of the General Court (Seventh Chamber, Extended Composition) of 16 November 2022.#Kingdom of the Netherlands v European Commission.#Case T-469/20.

August 6, 2024 0 Comments

CELEX:62020TJ0275_RES: Judgment of the General Court (Seventh Chamber, Extended Composition) of 23 November 2022.#Westfälische Drahtindustrie GmbH and Others v European Commission.#Action for annulment and for damages – Competition – Agreements, decisions and concerted practices – European market for prestressing steel – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Suspension of the obligation to provide a bank guarantee – Payment by instalments on a provisional basis – Judgment annulling the decision in part and setting a fine in an amount identical to the amount of the fine originally imposed – Application of payments made on a provisional basis – Default interest – First paragraph of Article 266 TFEU – Unjust enrichment – Sufficiently seriou

August 6, 2024 0 Comments

CELEX:62020TJ0122_RES: Judgment of the General Court (Seventh Chamber) of 16 November 2022 (Extracts).#Sciessent LLC v European Commission.#Biocidal products – Active substances – Silver zeolite and silver copper zeolite – Refusal of approval for product-types 2 and 7 – Article 4 and Article 19(1)(b) of Regulation (EU) No 528/2012 – Efficacy – Active substances for use in treated articles – Assessment of the efficacy of the treated articles themselves – Competence of the Commission – Principle of non-discrimination – Legal certainty – Legitimate expectations.#Cases T-122/20 and T-123/20.

August 6, 2024 0 Comments

CELEX:62021TJ0158_RES: Judgment of the General Court (Eighth Chamber) of 9 November 2022.#Citizens' Committee of the European Citizens' Initiative 'Minority SafePack – one million signatures for diversity in Europe' v European Commission.#Law governing the institutions – European citizens’ initiative – ‘Minority SafePack – one million signatures for diversity in Europe’ – Commission communication setting out the reasons for not adopting the proposals for legal acts contained in the European citizens’ initiative – Obligation to state reasons – Equal treatment – Principle of sound administration – Manifest error of assessment.#Case T-158/21.

August 6, 2024 0 Comments

CELEX:62019TJ0502_RES: Judgment of the General Court (Fourth Chamber, Extended Composition) of 12 October 2022.#Francesca Corneli v European Central Bank.#Economic and monetary union – Banking union – Recovery and resolution of credit institutions – Early intervention measures – Decision of the ECB to place Banca Carige under temporary administration – Action for annulment – Action brought by a shareholder – Standing to bring proceedings – Interest separate from that of the bank – Admissibility – Error of law in the determination of the legal basis – Interpretation of national law by the EU Courts in conformity with EU law – Limit – Prohibition on interpreting national law contra legem.#Case T-502/19.

August 6, 2024 0 Comments

CELEX:62021TJ0401_RES: Judgment of the General Court (Eighth Chamber, Extended Composition) of 30 November 2022.#KN v European Parliament.#Law governing the institutions – Member of the EESC – Discharge procedure in respect of the implementation of the budget of the EESC for the financial year 2019 – Parliament resolution designating the applicant as the perpetrator of psychological harassment – Action for annulment – Act not open to challenge – Inadmissibility – Action for damages – Protection of personal data – Presumption of innocence – Obligation of confidentiality – Principle of good administration – Proportionality – Sufficiently serious breach of a rule of law intended to confer rights on individuals.#Case T-401/21.

August 6, 2024 0 Comments
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