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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:62020CJ0665_RES: Judgment of the Court (Fifth Chamber) of 29 April 2021.#X.#Request for a preliminary ruling from the Rechtbank Amsterdam.#Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Grounds for optional non-execution – Article 4(5) – Requested person has been finally judged in a third State in respect of the same acts – Sentence has been served or may no longer be executed under the law of the sentencing country – Implementation – Margin of discretion of the executing judicial authority – Concept of ‘same acts’ – Remission of sentence granted by a non-judicial authority as part of a general leniency measure.#Case C-665/20 PPU.

August 27, 2024 0 Comments

CELEX:62018CJ0394_RES: Judgment of the Court (Second Chamber) of 30 January 2020.#I.G.I. Srl v Maria Grazia Cicenia and Others.#Request for a preliminary ruling from the Corte di appello di Napoli.#Reference for a preliminary ruling — Directive 82/891/EEC — Articles 12 and 19 — Division of limited liability companies — Protection of the interests of the creditors of the company being divided — Nullity of the division — Actio pauliana.#Case C-394/18.

August 27, 2024 0 Comments

CELEX:62018TJ0598_RES: Judgment of the General Court (Third Chamber) of 30 January 2020.#Grupo Textil Brownie, SL v European Union Intellectual Property Office.#EU trade mark — Opposition proceedings — Application for EU word mark BROWNIE — Earlier national word marks BROWNIES, BROWNIE, Brownies and Brownie — 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) — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009 (now Article 47(2) and (3) of Regulation 2017/1001).#Case T-598/18.

August 27, 2024 0 Comments

CELEX:62018TJ0163_RES: Judgment of the General Court (Ninth Chamber, Extended Composition) of 12 February 2020 (Extracts).#Gabriel Amisi Kumba 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 — Proportionality — Presumption of innocence — Plea of illegality.#Case T-163/18.

August 27, 2024 0 Comments

CELEX:62018TJ0683_RES: Judgment of the General Court (Seventh Chamber) of 12 December 2019.#Santa Conte v European Union Intellectual Property Office.#EU trade mark — Application for EU figurative mark CANNABIS STORE AMSTERDAM — Absolute ground for refusal — Trade mark contrary to public policy — Article 7(1)(f) of Regulation (EU) 2017/1001 — Article 7(2) of Regulation 2017/1001.#Case T-683/18.

August 27, 2024 0 Comments

CELEX:62016TJ0527_RES: Judgment of the General Court (Eighth Chamber) of 12 December 2019.#Margarita Tàpias v Council of the European Union.#Civil service — Reform of the Staff Regulations and of the CEOS which entered into force on 1 January 2014 — Regulation (EU, Euratom) No 1023/2013 — Solidarity levy applicable from 1 January 2014 — Suspension of the application of the method for updating remuneration for 2013 and 2014.#Case T-527/16.

August 27, 2024 0 Comments

CELEX:62018TJ0485_RES: Judgment of the General Court (Third Chamber) of 6 February 2020.#Compañía de Tranvías de la Coruña, SA v European Commission.#Access to documents — Regulation (EC) No 1049/2001 — Commission documents relating to the interpretation of a provision of EU law — Documents originating from a third party — Documents originating from a Member State — Regulation (EC) No 1370/2007 — Partial refusal to grant access — Total refusal to grant access — Obligation to state reasons — Exception relating to the protection of court proceedings — Overriding public interest.#Case T-485/18.

August 27, 2024 0 Comments

CELEX:62018TJ0211_RES: Judgment of the General Court (Sixth Chamber) of 19 December 2019.#Vanda Pharmaceuticals Ltd v European Commission.#Medicinal products for human use — Application for marketing authorisation for the medicinal product Fanaptum — iloperidone — Commission refusal decision — Regulation (EC) No 726/2004 — Scientific evaluation of the risks and benefits of a medicinal product — Obligation to state reasons — Manifest error of assessment — Proportionality — Equal treatment.#Case T-211/18.

August 27, 2024 0 Comments

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
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