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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:62019TJ0849_RES: Judgment of the General Court (Ninth Chamber, Extended Composition) of 26 January 2022.#Leonardo SpA v European Border and Coast Guard Agency.#Public supply contracts – Tendering procedure – Aerial surveillance services – Action for annulment – No interest in bringing proceedings – Inadmissibility – Non-contractual liability.#Case T-849/19.

August 14, 2024 0 Comments

CELEX:62021TO0422_RES: Order of the General Court (Fifth Chamber) of 7 December 2021.#Daimler AG v European Union Intellectual Property Office.#Action for annulment – EU trade mark – Lack of representation by a lawyer authorised to practise before a court of a Member State or of another State which is a party to the EEA Agreement – Manifest inadmissibility.#Case T-422/21.

August 14, 2024 0 Comments

CELEX:62020TJ0647_RES: Judgment of the General Court (Ninth Chamber) of 12 January 2022.#Jean-Michel Verelst v Council of the European Union.#Law governing the institutions – Enhanced cooperation on the establishment of the European Public Prosecutor’s Office – Regulation (EU) 2017/1939 – Appointment of the European Prosecutors of the European Public Prosecutor’s Office – Appointment of one of the candidates nominated by Belgium – Rules applicable to the appointment of European Prosecutors.#Case T-647/20.

August 14, 2024 0 Comments

CELEX:62019TJ0610_RES: Judgment of the General Court (Seventh Chamber, Extended Composition) of 19 January 2022.#Deutsche Telekom AG v European Commission.#Action for annulment and for damages – Competition – Abuse of dominant position – Slovak market for broadband telecommunications services – Decision finding an infringement of Article 102 TFEU and Article 54 of the EEA Agreement – Judgment annulling the decision in part and reducing the amount of the fine imposed – Refusal of the Commission to pay default interest – Article 266 TFEU – Article 90(4)(a) of Delegated Regulation (EU) No 1268/2012 – Sufficiently serious breach of a rule of law conferring rights on individuals – Loss of use of the amount of the fine that had been unduly paid – Loss of profits – Default interest – Rate – Harm.

August 14, 2024 0 Comments

CELEX:62020TO0329_RES: Order of the General Court (Second Chamber) of 25 October 2021.#4B Company Srl v European Union Intellectual Property Office.#Community design – Invalidity proceedings – Registered Community design representing a pendant (jewellery) – Maintenance of the Community design in an amended form – Article 25(6) of Regulation (EC) No 6/2002 – Interest in bringing proceedings – Inadmissibility.#Case T-329/20.

August 14, 2024 0 Comments

CELEX:62019CJ0052_RES: Judgment of the Court (Grand Chamber) of 6 October 2021.#Banco Santander, SA v European Commission.#Appeal – State aid – Article 107(1) TFEU – Tax system – Corporate tax provisions allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in companies which are tax resident outside that Member State – Concept of ‘State aid’ – Condition relating to selectivity – Reference system – Derogation – Difference in treatment – Justification for the difference in treatment.#Case C-52/19 P.

August 14, 2024 0 Comments

CELEX:62017TJ0827_RES: Judgment of the General Court (Third Chamber, Extended Composition) of 6 October 2021.#Aeris Invest Sàrl v European Central Bank.#Access to documents – Decision 2004/258/EC – Documents concerning the adoption of a resolution scheme for Banco Popular Español – Partial refusal of access – Exception relating to the protection of the confidentiality of the proceedings of the ECB’s decision-making bodies – Documents reflecting the outcome of the proceedings of the ECB’s decision-making bodies – Obligation to state reasons – Exception relating to the protection of the financial, monetary or economic policy of the European Union or of a Member State – Exception relating to the protection of the stability of the financial system in the European Union or in a Member State – E

August 14, 2024 0 Comments

CELEX:62020TJ0712_RES: Judgment of the General Court (Tenth Chamber) of 13 October 2021.#Škoda Investement a.s. v European Union Intellectual Property Office.#EU trade mark – Opposition proceedings – Application for an EU figurative mark representing an arrow with wing – Earlier EU figurative mark representing an arrow with wing – Relative ground for refusal – Partial rejection of the opposition – Limited scope of the opposition in the context of the appeal before the Board of Appeal – Partial withdrawal of the opposition – Plea raised by the Board of Appeal of its own motion – Prohibition on ruling ultra petita.#Case T-712/20.

August 14, 2024 0 Comments

CELEX:62019CJ0050_RES: Judgment of the Court (Grand Chamber) of 6 October 2021.#Sigma Alimentos Exterior, SL v European Commission.#Appeal – State aid – Article 107(1) TFEU – Tax system – Corporate tax provisions allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in companies which are tax resident outside that Member State – Concept of ‘State aid’ – Condition relating to selectivity – Reference system – Derogation – Difference in treatment – Justification for the difference in treatment.#Case C-50/19 P.

August 14, 2024 0 Comments

CELEX:62020TJ0220_RES: Judgment of the General Court (Seventh Chamber) of 20 October 2021.#Petrus Kerstens v European Commission.#Civil service – Officials – Disciplinary proceedings – Article 266 TFEU – Administrative investigations – Principle of sound administration – Principle of impartiality – Action for annulment and compensation.#Case T-220/20.

August 14, 2024 0 Comments

CELEX:62019CJ0053_RES: Judgment of the Court (Grand Chamber) of 6 October 2021.#Banco Santander, SA and Others v European Commission.#Appeal – State aid – Article 107(1) TFEU – Tax system – Corporate tax provisions allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in companies which are tax resident outside that Member State – Concept of ‘State aid’ – Condition relating to selectivity – Reference system – Derogation – Difference in treatment – Justification for the difference in treatment.#Joined Cases C-53/19 P and C-65/19 P.

August 14, 2024 0 Comments

CELEX:62020TJ0121_RES: Judgment of the General Court (Seventh Chamber) of 6 October 2021.#IP v European Commission.#Civil service – Members of the contract staff – OLAF investigation – Reimbursement of medical expenses – Disciplinary penalty – Termination of contract without notice – Article 10(h) of Annex IX to the Staff Regulations – Repeated misconduct – Article 27 of Annex IX to the Staff Regulations – Decision granting a request for the deletion from the personal file of all reference to an earlier penalty – Article 26 of the Staff Regulations – Impossibility of using against an official, and relying on against that official, a penalty, all reference to which has been deleted from the personal file.#Case T-121/20.

August 14, 2024 0 Comments

CELEX:62019CJ0051_RES: Judgment of the Court (Grand Chamber) of 6 October 2021.#World Duty Free Group and Kingdom of Spain v European Commission.#Appeal – State aid – Article 107(1) TFEU – Tax system – Corporate tax provisions allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in companies which are tax resident outside that Member State – Concept of ‘State aid’ – Condition relating to selectivity – Reference system – Derogation – Difference in treatment – Justification for the difference in treatment.#Joined Cases C-51/19 P and C-64/19 P.

August 14, 2024 0 Comments

CELEX:62018TJ0240_RES: Judgment of the General Court (Tenth Chamber, Extended Composition) of 20 October 2021.#Polskie Linie Lotnicze 'LOT' SA v European Commission.#Competition – Concentrations – Air transport – Decision declaring a concentration to be compatible with the internal market and the EEA Agreement – Relevant market – Assessment of the effects of the transaction on competition – Absence of commitment – Obligation to state reasons.#Case T-240/18.

August 14, 2024 0 Comments

CELEX:62019TJ0167_RES: Judgment of the General Court (Third Chamber) of 6 October 2021 (Extracts).#Tempus Energy Germany GmbH and T Energy Sweden AB v European Commission.#State aid – Polish electricity market – Capacity mechanism – Decision not to raise any objections – Aid scheme – Article 108(2) and (3) TFEU – Concept of doubts – Article 4(3) and (4) of Regulation (EU) 2015/1589 – Serious difficulties – Article 107(3)(c) TFEU – Guidelines on State aid for environmental protection and energy 2014-2020 – Failure to initiate the formal investigation procedure – Procedural rights of the interested parties – Obligation to state reasons.#Case T-167/19.

August 14, 2024 0 Comments

CELEX:62020TJ0022_RES: Judgment of the General Court (First Chamber) of 13 October 2021 (Extracts).#IB v European Union Intellectual Property Office.#Civil service – Officials – Disciplinary proceedings – Suspension of the invalidity procedure during the disciplinary proceedings – Removal from post – Invalidity procedure devoid of purpose following the official’s removal from his post – Action for annulment – Act adversely affecting an official – Admissibility – Principle of sound administration – Duty to have regard for the welfare of officials – Manifest error of assessment.#Case T-22/20.

August 14, 2024 0 Comments

CELEX:62020TJ0342_RES: Judgment of the General Court (Third Chamber) of 6 October 2021.#Indo European Foods Ltd v European Union Intellectual Property Office.#EU trade mark – Opposition proceedings – Application for EU figurative mark Abresham Super Basmati Selaa Grade One World’s Best Rice – Earlier non-registered word mark BASMATI – Agreement on the withdrawal of the United Kingdom from the European Union and Euratom – Transition period – Interest in bringing proceedings – Relative ground for refusal – Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) – Rules governing common law actions for passing off – Likelihood of misrepresentation – Likelihood of dilution of the reputation of the earlier mark.#Case T-342/20.

August 14, 2024 0 Comments

CELEX:62019CJ0487_RES: Judgment of the Court (Grand Chamber) of 6 October 2021.#Proceedings brought by W.Ż.#Request for a preliminary ruling from the Sąd Najwyższy.#Reference for a preliminary ruling – Rule of law – Effective legal protection in the fields covered by EU law – Second subparagraph of Article 19(1) TEU – Principles of the irremovability of judges and judicial independence – Transfer without consent of a judge of an ordinary court – Action – Order of inadmissibility made by a judge of the Sąd Najwyższy (Izba Kontroli Nadzwyczajnej i Spraw Publicznych) (Supreme Court (Chamber of Extraordinary Control and Public Affairs), Poland) – Judge appointed by the President of the Republic of Poland on the basis of a resolution of the National Council of the Judiciary, despite a court dec

August 14, 2024 0 Comments

CELEX:62018TJ0745_RES: Judgment of the General Court (Third Chamber) of 6 October 2021 (Extracts).#Covestro Deutschland AG v European Commission.#State aid – State aid scheme implemented by Germany in favour of certain large electricity consumers – Exemption from network charges in 2012 and 2013 – Decision declaring the aid scheme incompatible with the internal market and unlawful, and ordering the recovery of the aid granted – Action for annulment – Time limit for bringing proceedings – Admissibility – Concept of aid – State resources – Equal treatment – Legitimate expectations.#Case T-745/18.

August 14, 2024 0 Comments

CELEX:62021TJ0032_RES: Judgment of the General Court (Second Chamber) of 6 October 2021 (Extracts).#Daw SE v European Union Intellectual Property Office.#EU trade mark – EU word mark Muresko – Earlier national word marks Muresko – Claiming seniority of the earlier national marks after registration of the EU trade mark – Articles 39 and 40 of Regulation (EU) 2017/1001 – Registration of earlier national marks which have expired by the date of the claim.#Case T-32/21.

August 14, 2024 0 Comments
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