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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:62020CA0525: Case C-525/20: Judgment of the Court (Second Chamber) of 5 May 2022 (request for a preliminary ruling from the Conseil d'État — France) — Association France Nature Environnement v Premier ministre, Ministre de la Transition écologique et solidaire (Reference for a preliminary ruling — Environment — Directive 2000/60/EC — Framework for European Union action in the field of water policy — Article 4(1)(a) — Environmental objectives relating to surface water — Obligation of the Member States not to authorise a programme or a project that may cause a deterioration of the status of a body of surface water — Concept of ‘deterioration’ of the status of a body of surface water — Article 4(6) and (7) — Derogations from the prohibition of deterioration — Conditions — Programme or p

June 27, 2022 0 Comments

CELEX:62020CA0453: Case C-453/20: Judgment of the Court (Grand Chamber) of 3 May 2022 (request for a preliminary ruling from the Úřad pro přístup k dopravní infrastruktuře — Czech Republic) — CityRail a.s. v Správa železnic, státní organizace (Reference for a preliminary ruling — Article 267 TFUE — Concept of ‘court or tribunal’ — Criteria relating to the constitution and function of that body — Exercise of judicial or administrative functions — Directive 2012/34/EU — Articles 55 and 56 — Single national regulatory body for the railway sector — Independent regulatory authority for the sector — Entitlement to act on an ex officio basis — Power to impose penalties — Decisions that are open to challenge before the courts — Inadmissibility of the request for a preliminary ruling)

June 27, 2022 0 Comments

CELEX:62020CA0410: Case C-410/20: Judgment of the Court (Third Chamber) of 5 May 2022 (request for a preliminary ruling from the Audiencia Provincial de La Coruña — Spain) — Banco Santander, SA v J.A.C., M.C.P.R (Request for a preliminary ruling — Directive 2014/59/EU — Resolution of credit institutions and investment firms — General principles — Article 34(1) — Bail-in — Effects — Article 53(1) and (3) — Write-down of capital instruments — Article 60(2), first subparagraph, (b) and (c) — Articles 73 to 75 — Protection of shareholders’ and creditors’ rights — Directive 2003/71/EC — Prospectus to be published when securities are offered to the public or admitted to trading — Article 6 — Incorrect information in the prospectus — Action for damages brought after a resolution decision — Action

June 27, 2022 0 Comments

CELEX:62020CA0405: Case C-405/20: Judgment of the Court (First Chamber) of 5 May 2022 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — EB, JS, DP v Versicherungsanstalt öffentlich Bediensteter, Eisenbahnen und Bergbau (BVAEB) (Reference for a preliminary ruling — Social policy — Article 157 TFEU — Protocol (No 33) — Equal treatment of men and women in matters of employment and occupation — Directive 2006/54/EC — Article 5(c) and Article 12 — Prohibition of indirect discrimination on grounds of sex — Occupational social security scheme applicable after the date referred to in that protocol and that article 12 — Retirement pensions of civil servants — National legislation providing for an annual adjustment of retirement pensions — Adjustment on a reducing scale

June 27, 2022 0 Comments

CELEX:62020CA0265: Case C-265/20: Judgment of the Court (Seventh Chamber) of 5 May 2022 (request for a preliminary ruling from the Hof van beroep te Antwerpen — Belgium) — FN v Universiteit Antwerpen and Others (Reference for a preliminary ruling — Social policy — Part-time work — Directive 97/81/EC — Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC — Clause 4.1 — Principle of non-discrimination — Part-time academic staff — Automatic permanent appointments reserved for academic staff members holding a full-time teaching post — Calculation of the percentage of a full-time workload to which a part-time workload corresponds — No requirements)

June 27, 2022 0 Comments

CELEX:62020CA0083: Case C-83/20: Judgment of the Court (First Chamber) of 5 May 2022 (request for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — BPC Lux 2 Sàrl and Others v Banco de Portugal, Banco Espírito Santo SA, Novo Banco SA (Reference for a preliminary ruling — Directive 2014/59/EU — Banking union — Recovery and resolution of credit institutions and investment firms — Articles 36, 73 and 74 — Protection of shareholders and creditors — Partial implementation before expiry of the period for transposition — Transposition in stages — Charter of Fundamental Rights of the European Union — Article 17(1) — Right to property)

June 27, 2022 0 Comments

CELEX:62020CA0054: Case C-54/20 P: Judgment of the Court (Second Chamber) of 5 May 2022 — European Commission v Stefano Missir Mamachi di Lusignano and Others (Appeal — Civil service — Non-contractual liability of the European Union based on a failure of an institution to fulfil its duty to ensure the protection of its officials — Delegation of the European Commission in Morocco — Murdered official — Non-material damage suffered by the official’s brother and sister — Remedy — Articles 270, 268 and 340 TFEU — Staff Regulations of Officials of the European Union — Articles 40, 42b, 55a, 73, 90 and 91 — Concept of a ‘person to whom the Staff Regulations apply’ — Statement of reasons)

June 27, 2022 0 Comments

CELEX:62019CA0451: Joined Cases C-451/19 and C-532/19: Judgment of the Court (Fourth Chamber) of 5 May 2022 (requests for a preliminary ruling from the Tribunal Superior de Justicia de Castilla-La Mancha — Spain) — Subdelegación del Gobierno en Toledo v XU (C-451/19), QP (C-532/19) (Reference for a preliminary ruling — Article 20 TFEU — Union citizenship — Union citizen who has never exercised his or her right of freedom of movement — Application for a residence card for his or her family member who is a third-country national — Refusal — Obligation for the Union citizen to have sufficient resources — Obligation for spouses to live together — Minor child who is a Union citizen — National legislation and practice — Genuine enjoyment of the substance of the rights conferred on EU nationals —

June 27, 2022 0 Comments

CELEX:62021TA0109: Case T-109/21: Judgment of the General Court of 27 April 2022 — Mutondo v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territories of the Member States — Retention of the applicant’s name on the lists of persons covered — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures)

June 27, 2022 0 Comments

CELEX:62021TA0108: Case T-108/21: Judgment of the General Court of 27 April 2022 — Ilunga Luyoyo v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territories of the Member States — Retention of the applicant’s name on the lists of persons covered — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures)

June 27, 2022 0 Comments

CELEX:62021TA0107: Case T-107/21: Judgment of the General Court of 27 April 2022 — Amisi Kumba v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territories of the Member States — Retention of the applicant’s name on the lists of persons covered — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures)

June 27, 2022 0 Comments

CELEX:62021TA0106: Case T-106/21: Judgment of the General Court of 27 April 2022 — Kazembe Musonda v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territories of the Member States — Retention of the applicant’s name on the lists of persons covered — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures)

June 27, 2022 0 Comments

CELEX:62021TA0105: Case T-105/21: Judgment of the General Court of 27 April 2022 — Kanyama v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territories of the Member States — Retention of the applicant’s name on the lists of persons covered — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures)

June 27, 2022 0 Comments

CELEX:62021TA0104: Case T-104/21: Judgment of the General Court of 27 April 2022 — Kande Mupompa v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territories of the Member States — Retention of the applicant’s name on the lists of persons covered — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures)

June 27, 2022 0 Comments

CELEX:62021TA0103: Case T-103/21: Judgment of the General Court of 27 April 2022 — Boshab v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territory of the Member States — Retention of the applicant’s name on the lists of persons covered — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures)

June 27, 2022 0 Comments

CELEX:62021TA0057: Case T-57/21: Judgment of the General Court of 6 April 2022 — Hungary v Commission (EAGF and EAFRD — Expenditure excluded from financing — Obligation to increase on-the-spot checks — Article 35 of Commission Implementing Regulation (EU) No 809/2014 — Legal value of the working documents of the Commission — Calculation of the increase in the rate of on-the-spot checks)

June 27, 2022 0 Comments

CELEX:62020TA0735: Case T-735/20: Judgment of the General Court of 6 April 2022 — Planistat Europe and Charlot v Commission (Non-contractual liability — ‘Eurostat’ case — External investigation by OLAF — Forwarding to the national judicial authorities of information concerning matters liable to result in criminal proceedings before the conclusion of the investigation — Filing of a complaint by the Commission before the conclusion of the investigation — National criminal proceedings — Ruling that there is no need to adjudicate which has become final — No sufficiently serious breach of a rule of law conferring rights on individuals)

June 27, 2022 0 Comments

CELEX:62020TA0568: Case T-568/20: Judgment of the General Court of 6 April 2022 — MF v eu-LISA (Civil service — Members of the temporary staff — Post occupied requiring security clearance — Clearance refused by the national security authority — Termination of the contract — No request for a hearing — Right to be heard within the meaning of Article 11(5)(b) of Decision 2015/444)

June 27, 2022 0 Comments

CELEX:62020TA0516: Case T-516/20: Judgment of the General Court of 6 April 2022 — Mandelay v EUIPO — Qx World (QUEST 9) (EU trade mark — Opposition proceedings — Application for the EU word mark QUEST 9 — Earlier EU word mark QUEX — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Article 94(1) of Regulation 2017/1001 — Articles 95 and 97 of Regulation 2017/1001)

June 27, 2022 0 Comments

CELEX:62020TA0327: Case T-327/20: Judgment of the General Court of 27 April 2022 — Group Nivelles v EUIPO — Easy Sanitary Solutions (Shower drainage channel) (Community design — Invalidity proceedings — Registered Community design representing a shower drainage channel — Earlier design produced after the filing of the application for a declaration of invalidity — Article 28(1)(b)(v) of Regulation (EC) No 2245/2002 — Discretion of the Board of Appeal — Scope — Article 63(2) of Regulation (EC) No 6/2002 — Oral proceedings and measures of inquiry — Articles 64 and 65 of Regulation No 6/2002 — Ground for invalidity — Individual character — Article 6 and Article 25(1)(b) of Regulation No 6/2002 — Identification of the earlier design — Earlier whole design — Determination of the features of the

June 27, 2022 0 Comments
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