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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:62020TJ0326_RES: Judgment of the General Court (Fifth Chamber) of 21 April 2021 (Extracts).#Bibita Group v European Union Intellectual Property Office.#Community design – Invalidity proceedings – Registered Community design representing a beverage bottle – Prior international design – Ground for invalidity – Conflict with a prior design – Individual character – Informed user – Degree of freedom of the designer – Different overall impression – Article 6 and Article 25(1)(d)(iii) of Regulation (EC) No 6/2002.#Case T-326/20.

August 28, 2024 0 Comments

CELEX:62019TJ0635_RES: Judgment of the General Court (Third Chamber) of 30 June 2021.#Fondazione Cassa di Risparmio di Pesaro and Others v European Commission.#Non-contractual liability – State aid – Banking sector – Planned recapitalisation of a member by a private-law consortium of banks – Measure authorised by the Central Bank of the Member State – Decision not to proceed with the rescue and initiation of a resolution procedure – Directives 2014/49/EU and 2014/59/EU – Decision not to raise any objections – Requests for information and views expressed by the Commission during the preliminary examination stage – No causal link.#Case T-635/19.

August 28, 2024 0 Comments

CELEX:62017TJ0119(01)_RES: Judgment of the General Court (Fourth Chamber) of 12 May 2021.#Ruben Alba Aguilera and Others v European External Action Service.#Civil service – Officials – Members of the temporary staff – Members of the contract staff – Remuneration – EEAS staff posted to a third country – Article 10 of Annex X to the Staff Regulations – Annual assessment of the allowance for living conditions – Decision reducing the allowance for living conditions in Ethiopia from 30% to 25% – Regional coherence – Manifest errors of assessment.#Case T-119/17 RENV.

August 28, 2024 0 Comments

CELEX:62019CJ0083_RES: Judgment of the Court (Grand Chamber) of 18 May 2021.#Asociaţia 'Forumul Judecătorilor din România' and Others v Inspecţia Judiciară and Others.#Requests for a preliminary ruling from theTribunalul Olt and Others.#Reference for a preliminary ruling – Treaty of Accession of the Republic of Bulgaria and Romania to the European Union – Act concerning the conditions of accession to the European Union of the Republic of Bulgaria and Romania – Articles 37 and 38 – Appropriate measures – Mechanism for cooperation and verification of progress in Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption – Decision 2006/928/EC – Legal nature and effects of the cooperation and verification mechanism and of the reports established by

August 28, 2024 0 Comments

CELEX:62019CJ0624_RES: Judgment of the Court (Second Chamber) of 3 June 2021.#K and Others v Tesco Stores Ltd.#Request for a preliminary ruling from the Watford Employment Tribunal.#Reference for a preliminary ruling – Social policy – Equal pay for male and female workers – Article 157 TFEU – Direct effect – Concept of ‘work of equal value’ – Claims seeking equal pay for work of equal value – Single source – Workers of different sex having the same employer – Different establishments – Comparison.#Case C-624/19.

August 28, 2024 0 Comments

CELEX:62019CJ0784_RES: Judgment of the Court (Grand Chamber) of 3 June 2021.#„TEAM POWER EUROPE“ EOOD v Direktor na Teritorialna direktsia na Natsionalna agentsia za prihodite - Varna.#Request for a preliminary ruling from the Administrativen sad - Varna.#Reference for a preliminary ruling – Migrant workers – Social security – Legislation applicable – Regulation (EC) No 883/2004 – Article 12(1) – Posting of workers – Temporary agency workers – Regulation (EC) No 987/2009 – Article 14(2) – A1 certificate – Determination of the Member State in which the employer normally carries out its activities – Concept of ‘substantial activities, other than purely internal management activities’ – No assignment of temporary agency workers in the territory of the Member State in which the employer is est

August 28, 2024 0 Comments

CELEX:62018TJ0254_RES: Judgment of the General Court (Fourth Chamber, Extended Composition) of 19 May 2021.#China Chamber of Commerce for Import and Export of Machinery and Electronic Products and Others v European Commission.#Dumping – Imports of certain cast iron articles originating in China – Definitive anti-dumping duty – Action for annulment – Admissibility – Association – Standing to bring proceedings – Interest in bringing proceedings – Injury determination – Calculation of the import volume – Macroeconomic and microeconomic indicators – Sampling – Calculation of the EU industry’s cost of production – Prices charged intra-group – Causal link – Attribution and non-attribution analysis – No assessment of injury by segment – Assessment of the significance of undercutting – Confidentia

August 28, 2024 0 Comments

CELEX:62019TJ0579_RES: Judgment of the General Court (Third Chamber) of 14 April 2021.#The KaiKai Company Jaeger Wichmann GbR v European Union Intellectual Property Office.#Community design – Multiple application for registration of Community designs representing gymnastic and sports apparatus and equipment – Right of priority – Article 41 of Regulation (EC) No 6/2002 – Application under Patent Cooperation Treaty – Article 4 of the Paris Convention for the Protection of Industrial Property – Priority period.#Case T-579/19.

August 28, 2024 0 Comments

CELEX:62017TJ0816_RES: Judgment of the General Court (Seventh Chamber, Extended Composition) of 12 May 2021.#Grand Duchy of Luxembourg , Amazon EU Sàrl and Amazon.com, Inc. v European Commission.#State aid – Aid implemented by Luxembourg in favour of Amazon – Decision declaring the aid incompatible with the internal market and unlawful and ordering its recovery – Tax ruling – Transfer pricing – Selective tax advantage – Transfer pricing arrangement – Functional analysis.#Case T-816/17 and T-318/18.

August 28, 2024 0 Comments

CELEX:62020TJ0378_RES: Judgment of the General Court (Tenth Chamber, Extended Composition) of 14 April 2021.#Ryanair DAC v European Commission.#State aid – Danish air transport market – Aid granted by Denmark to an airline amid the Covid-19 pandemic – Guarantee – Decision not to raise any objections – Commitments as a condition to make the aid compatible with the internal market – Aid intended to make good the damage caused by an exceptional occurrence – Freedom of establishment – Free provision of services – Equal treatment – Duty to state reasons.#Case T-378/20.

August 28, 2024 0 Comments

CELEX:62020TJ0187_RES: Judgment of the General Court (Second Chamber) of 16 June 2021.#Davide Groppi Srl v European Union Intellectual Property Office.#Community design – Invalidity proceedings – Registered Community design representing a table lamp – Earlier Community design – Ground for invalidity – No individual character – Article 6 of Regulation (EC) No 6/2002.#Case T-187/20.

August 28, 2024 0 Comments

CELEX:62020TJ0643_RES: Judgment of the General Court (Tenth Chamber, Extended Composition) of 19 May 2021.#Ryanair DAC v European Commission.#State aid – Netherlands – State guarantee for loans and subordinated loan by the State to KLM amid the COVID-19 pandemic – Temporary Framework for State aid measures – Decision not to raise any objections – Decision declaring the aid compatible with the internal market – Aid granted previously to another company in the same group of companies – Duty to state reasons – Maintenance of the effects of the decision.#Case T-643/20.

August 28, 2024 0 Comments

CELEX:62020TJ0379_RES: Judgment of the General Court (Tenth Chamber, Extended Composition) of 14 April 2021.#Ryanair DAC v European Commission.#State aid – Swedish air transport market – Aid granted by Sweden to an airline amid the Covid-19 pandemic – Guarantee – Decision not to raise any objections – Commitments as a condition to make the aid compatible with the internal market – Aid intended to make good the damage caused by an exceptional occurrence – Freedom of establishment – Free provision of services – Equal treatment – Duty to state reasons.#Case T-379/20.

August 28, 2024 0 Comments

CELEX:62019TJ0316_RES: Judgment of the General Court (Fourth Chamber) of 16 June 2021 (Extracts).#Arnaldo Lucaccioni v European Commission.#Public service – Officials – Social security – Article 73 of the Staff Regulations – Common rules on insurance against the risk of accident and of occupational disease – Occupational disease – Article 9 – Claim for reimbursement of medical costs – Article 23 – Consulting another doctor – Refusal to refer the case to the Medical Committee on the basis of Article 22 – Failure to apply, by analogy, the second subparagraph of Article 22(1) – Rule of consistency between the application and the claim – Temporal application of the law.#Case T-316/19.

August 28, 2024 0 Comments

CELEX:62020TJ0465_RES: Judgment of the General Court (Tenth Chamber, Extended Composition) of 19 May 2021.#Ryanair DAC v European Commission.#State aid – Portuguese air transport market – Aid provided by Portugal to TAP owing to the COVID-19 pandemic – State loan – Decision not to raise any objections – Point 22 of the Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty – Company belonging to a group – Intrinsic difficulties not resulting from an arbitrary allocation of costs within the group – Difficulties which are too serious to be dealt with by the group itself – Duty to state reasons – Maintenance of the effects of the decision.#Case T-465/20.

August 28, 2024 0 Comments

CELEX:62019TJ0355_RES: Judgment of the General Court (Seventh Chamber) of 16 June 2021 (Extracts).#CE v Comittee of the Regions.#Civil Service – Temporary staff – Article 2(c) of the CEOS – Contract for an indefinite period – Early termination with notice – Article 47(c)(i) of the CEOS – Breakdown in the relationship of trust – Terms of notice – Abuse of process – Right to be heard – Principle of sound administration – Rights of the defence – Manifest error of assessment.#Case T-355/19.

August 28, 2024 0 Comments

CELEX:62020TJ0388_RES: Judgment of the General Court (Tenth Chamber, Extended Composition) of 14 April 2021.#Ryanair DAC v European Commission.#State aid – Finnish air-transport market – Aid granted by Finland to Finnair amid the Covid‑19 pandemic – State guarantee on a loan – Decision not to raise any objections – Temporary Framework for State aid measures – Measure intended to remedy a serious disturbance in the economy of a Member State – Failure to weigh up the beneficial effects of the aid against its adverse effects on trading conditions and the maintenance of undistorted competition – Equal treatment – Freedom of establishment – Freedom to provide services – Obligation to state reasons.#Case T-388/20.

August 28, 2024 0 Comments

CELEX:62017TJ0202_RES: Judgment of the General Court (First Chamber) of 9 June 2021 (Extracts).#Ana Calhau Correia de Paiva v European Commission.#Language regime – Competition EPSO/AD/293/14 for the recruitment of administrators in the fields of competition law, corporate finance, financial economics, industrial economics and macroeconomics (AD 7) – Non-inclusion on the reserve list – Plea of illegality – Limitation of the choice of the second language of the competition to English, French or German – Regulation No 1 – Article 1d(1) of the Staff Regulations – Discrimination based on language – Justification – Interests of the service.#Case T-202/17.

August 28, 2024 0 Comments

CELEX:62018TJ0611_RES: Judgment of the General Court (Seventh Chamber, Extended Composition) of 5 May 2021.#Pharmaceutical Works Polpharma S.A. v European Medicines Agency.#Medicinal products for human use – Application for marketing authorisation for a generic version of the medicinal product Tecfidera – Decision of the EMA not to validate the application for marketing authorisation – Previous decision of the Commission taking the view that Tecfidera – Dimethyl fumarate was not covered by the same global marketing authorisation as Fumaderm – Plea of illegality – Admissibility – Previously authorised combination medicinal product – Subsequent marketing authorisation for a component of the combination medicinal product – Assessment of the existence of two different global marketing authoris

August 28, 2024 0 Comments

CELEX:62020TJ0628_RES: Judgment of the General Court (Tenth Chamber, Extended Composition) of 19 May 2021.#Ryanair DAC v European Commission.#State aid – Spain – Recapitalisation measures to support undertakings that are systemic and strategic for the Spanish economy in response to the COVID-19 pandemic – Decision not to raise any objections – Temporary Framework for State aid – Measure aimed at remedying a serious disturbance in the economy of a Member State – Measure aimed at the whole of the economy of a Member State – Principle of non-discrimination – Freedom to provide services and freedom of establishment – Proportionality – Criterion requiring that the beneficiaries of the aid are established in Spain – Failure to weigh the beneficial effects of the aid against its adverse effects o

August 28, 2024 0 Comments
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