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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:62017TJ0160_RES: Judgment of the General Court (Ninth Chamber, Extended Composition) of 10 January 2019.#RY v European Commission.#Civil service — Temporary staff — Article 2(c) of the Conditions of Employment of Other Servants — Contract for an indefinite period — Dismissal — Breakdown in the relationship of trust — Right to be heard — Burden of proof.#Case T-160/17.

September 5, 2024 0 Comments

CELEX:62016CJ0405_RES: Judgment of the Court (Third Chamber) of 28 March 2019.#Federal Republic of Germany v European Commission.#Appeal — State aid — Aid granted by certain provisions of the amended German law concerning renewable energy sources (EEG 2012) — Aid supporting renewable electricity and reduced EEG surcharge for energy-intensive users — Decision declaring the aid partially incompatible with the internal market — Concept of State aid — Advantage — State resources — Public control of resources — Measure which can be assimilated to a levy on electricity consumption.#Case C-405/16 P.

September 5, 2024 0 Comments

CELEX:62018CJ0129_RES: Judgment of the Court (Grand Chamber) of 26 March 2019.#SM v Entry Clearance Officer, UK Visa Section.#Request for a preliminary ruling from the Supreme Court of the United Kingdom.#Reference for a preliminary ruling — Citizenship of the European Union — Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States — Directive 2004/38/EC — Family members of a citizen of the Union — Article 2(2)(c) — ‘Direct descendant’ — Child in permanent legal guardianship under the Algerian kafala (provision of care) system — Article 3(2)(a) — Other family members — Article 7 and Article 24(2) of the Charter of Fundamental Rights of the European Union — Family life — Best interests of the child.#Case C-129/18.

September 5, 2024 0 Comments

CELEX:62017TJ0201_RES: Judgment of the General Court (Third Chamber, Extended Composition) of 12 February 2019.#Printeos, SA v European Commission.#Non-contractual liability — Competition — Agreements, decisions and concerted practices — Decision finding an infringement of Article 101 TFEU — Fines — Judgment partially annulling the decision — Reimbursement of the principal amount of the fine — Default interest — Sufficiently serious breach of a rule of law intended to confer rights on individuals — Causal link — Damage — Article 266 TFEU — Second sentence of Article 90(4)(a) of Delegated Regulation (EU) No 1268/2012.#Case T-201/17.

September 5, 2024 0 Comments

CELEX:62017CJ0637_RES: Judgment of the Court (Second Chamber) of 28 March 2019.#Cogeco Communications Inc v Sport TV Portugal SA and Others.#Request for a preliminary ruling from the Tribunal Judicial da Comarca de Lisboa.#Reference for a preliminary ruling — Article 102 TFEU — Principles of equivalence and effectiveness — Directive 2014/104/EU — Article 9(1) — Article 10(2) to (4) — Articles 21 and 22 — Actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union — Effects of national decisions — Limitation periods — Transposition — Temporal application.#Case C-637/17.

September 5, 2024 0 Comments

CELEX:62017TJ0011_RES: Judgment of the General Court (Second Chamber, Extended Composition) of 7 February 2019.#RK v Council of the European Union.#Civil service — Officials — Article 42c of the Staff Regulations — Placing official on leave in the interests of the service — Equal treatment — Prohibition of discrimination on grounds of age — Manifest error of assessment — Right to be heard — Duty to have regard for the welfare of officials — Responsibility.#Case T-11/17.

September 5, 2024 0 Comments

CELEX:62016CJ0621_RES: Judgment of the Court (Grand Chamber) of 26 March 2019.#European Commission v Italian Republic.#Appeal — Rules on languages — Open competition for the recruitment of administrators — Notice of competition — Administrators (AD 5) — Administrators (AD 6) in the field of data protection — Knowledge of languages — Restriction of the choice of language 2 of the competitions to English, French and German — Language of communication with the European Personnel Selection Office (EPSO) — Regulation No 1 — Staff Regulations — Discrimination based on language — Justification — Interests of the service — Judicial review.#Case C-621/16 P.

September 5, 2024 0 Comments

CELEX:62017CJ0135_RES: Judgment of the Court (Grand Chamber) of 26 February 2019.#X-GmbH v Finanzamt Stuttgart - Körperschaften.#Request for a preliminary ruling from the Bundesfinanzhof.#Reference for a preliminary ruling — Free movement of capital — Movement of capital between Member States and third countries — Standstill clause — National legislation of a Member State regarding controlled companies established in third countries — Amendment of that legislation, followed by the reintroduction of the earlier legislation — Income of a company established in a third country derived from the holding of debts owed by a company established in a Member State — Incorporation of that income into the tax base of a taxable person resident for tax purposes in a Member State — Restriction on the fre

September 5, 2024 0 Comments

CELEX:62017CJ0497_RES: Judgment of the Court (Grand Chamber) of 26 February 2019.#Oeuvre d’assistance aux bêtes d’abattoirs (OABA) v Ministre de l'Agriculture et de l'Alimentation and Others.#Request for a preliminary ruling from the Cour administrative d'appel de Versailles.#Reference for a preliminary ruling — Article 13 TFEU — Animal welfare — Regulation (EC) No 1099/2009 — Protection of animals at the time of killing — Particular methods of slaughter prescribed by religious rites — Regulation (EC) No 834/2007 — Articles 3 and 14(1)(b)(viii) — Compatibility with organic production — Regulation (EC) No 889/2008 — First paragraph of Article 57 — Organic production logo of the European Union.#Case C-497/17.

September 5, 2024 0 Comments

CELEX:62017CJ0724_RES: Judgment of the Court (Second Chamber) of 14 March 2019.#Vantaan kaupunki v Skanska Industrial Solutions Oy and Others.#Request for a preliminary ruling from the Korkein oikeus.#Reference for a preliminary ruling — Competition — Article 101 TFEU — Compensation for the damage caused by a cartel prohibited by that article — Determination of the undertakings liable to provide compensation — Succession of legal entities — Concept of ‘undertaking’ — Economic continuity test.#Case C-724/17.

September 5, 2024 0 Comments

CELEX:62017TJ0290_RES: Judgment of the General Court (Sixth Chamber) of 30 January 2019.#Edward Stavytskyi v Council of the European Union.#Common foreign and security policy — Restrictive measures adopted in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Obligation to state reasons — Plea of illegality — Principle of proportionality — Legal basis — Manifest error of assessment — Principle ne bis in idem.#Case T-290/17.

September 5, 2024 0 Comments

CELEX:62017TJ0798_RES: Judgment of the General Court (Second Chamber) of 12 March 2019.#Fabio De Masi and Yanis Varoufakis v European Central Bank.#Access to documents – Decision 2004/258/EC — Document entitled ‘Responses to questions concerning the interpretation of Article 14.4 of the Protocol on the Statute of the ESCB and of the ECB’ – Refusal to grant access – Exception relating to the protection of legal advice – Exception relating to the protection of documents for internal use – Overriding public interest.#Case T-798/17.

September 5, 2024 0 Comments

CELEX:62017CJ0221_RES: Judgment of the Court (Grand Chamber) of 12 March 2019.#M.G. Tjebbes and Others v Minister van Buitenlandse Zaken.#Request for a preliminary ruling from the Raad van State.#Reference for a preliminary ruling — Citizenship of the European Union — Article 20 TFEU — Articles 7 and 24 of the Charter of Fundamental Rights of the European Union — Nationalities of a Member State and of a third country — Loss of the nationality of a Member State and of citizenship of the Union by operation of law — Consequences — Proportionality.#Case C-221/17.

September 5, 2024 0 Comments

CELEX:62017CJ0590_RES: Judgment of the Court (Third Chamber) of 21 March 2019.#Henri Pouvin and Marie Dijoux, v Electricité de France (EDF).#Request for a preliminary ruling from the Cour de cassation.#Reference for a preliminary ruling — Directive 93/13/EEC — Scope — Article 2(b) and (c) –Concepts of ‘consumer’ and of ‘seller or supplier’ — Finance for the purchase of a home — Mortgage loan granted by an employer to its employee and to his spouse, the jointly and severally liable co-borrower.#Case C-590/17.

September 5, 2024 0 Comments

CELEX:62014TJ0716_RES: Judgment of the General Court (Eighth Chamber) of 7 March 2019.#Antony C. Tweedale v European Food Safety Authority.#Access to documents — Regulation (EC) No 1049/2001 — Documents relating to toxicity studies conducted in connection with the renewal of the approval of the active substance glyphosate — Partial refusal to grant access — Exception relating to the protection of commercial interests — Overriding public interest — Regulation (EC) No 1367/2006 — Concept of information relating to emissions into the environment.#Case T-716/14.

September 5, 2024 0 Comments

CELEX:62018TO0410_RES: Order of the General Court (Fifth Chamber) of 15 March 2019.#Silgan Closures GmbH and Silgan Holdings, Inc. v European Commission.#Action for annulment — Competition — Agreements, decisions and concerted practices — Market in metal packaging — Decision to open an investigation — Act not open to challenge — Inadmissibility.#Case T-410/18.

September 5, 2024 0 Comments

CELEX:62016TJ0865_RES: Judgment of the General Court (Fourth Chamber) of 26 February 2019.#Fútbol Club Barcelona v European Commission.#State aid — Aid granted by the Spanish authorities in favour of certain professional football clubs — Preferential income tax rate applied to clubs authorised to benefit from the status of non-profit entity — Decision declaring the aid incompatible with the internal market — Freedom of establishment — Advantage.#Case T-865/16.

September 5, 2024 0 Comments

CELEX:62018TO0125_RES: Order of the General Court (First Chamber) of 14 February 2019.#Associazione Nazionale GranoSalus - Liberi Cerealicoltori & Consumatori (Associazione GranoSalus) v European Commission.#Actions for annulment — Plant-protection products — Substance active ‘glyphosate’ — Renewal of inclusion in the annex to Implementing Regulation (EU) No 540/2011 — Act not of individual concern — Regulatory act entailing implementing measures — Inadmissibility.#Case T-125/18.

September 5, 2024 0 Comments

CELEX:62015TJ0139_RES: Judgment of the General Court (Fourth Chamber) of 12 March 2019.#Hungary v European Commission.#EAGGF – Guarantee Section – EAGF – Sugar – Temporary scheme for the restructuring of the sugar industry in the European Community – Regulation (EC) No 320/2006 – Regulation (EC) No 968/2006 – Expenditure excluded from financing – Expenditure incurred by Hungary – Conditions for granting aid for full dismantling and aid for partial dismantling – Concept of ‘production facilities’ – Assessment of the use of silos on the date of submission of the application for aid – Concept of ‘full dismantling’ – Annex 2 to Document VI/5330/97 – Problems in interpreting EU legislation – Sincere cooperation.#Case T-139/15.

September 5, 2024 0 Comments

CELEX:62016TJ0310_RES: Judgment of the General Court (Fourth Chamber) of 20 March 2019.#Foshan Lihua Ceramic Co. Ltd v European Commission.#Dumping — Imports of ceramic tiles originating in China — Article 11(4) and (5) and Article 17 of Regulation (EC) No 1225/2009 (now Article 11(4) and (5) and Article 17 of Regulation (EU) 2016/1036) — Refusal to grant new exporting producer treatment in accordance with Article 3 of Implementing Regulation (EU) No 917/2011 — Sampling — Individual examination — Confidentiality.#Case T-310/16.

September 5, 2024 0 Comments
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