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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:62021CJ0045_RES: Judgment of the Court (Grand Chamber) of 13 September 2022.#Banka Slovenije.#Request for a preliminary ruling from the Upravno sodišče Republike Slovenije.#Reference for a preliminary ruling – European System of Central Banks – National central bank – Directive 2001/24/EC – Reorganisation and winding up of credit institutions – Compensation for damage resulting from the adoption of reorganisation measures – Article 123 TFEU and Article 21.1 of Protocol (No 4) on the Statute of the European System of Central Banks and of the European Central Bank – Prohibition of monetary financing of Member States in the euro area – Article 130 TFEU and Article 7 of that protocol – Independence – Disclosure of confidential information.#Case C-45/21.

August 7, 2024 0 Comments

CELEX:62021CJ0159_RES: Judgment of the Court (First Chamber) of 22 September 2022.#GM v Országos Idegenrendészeti Főigazgatóság and Others.#Request for a preliminary ruling from the Fővárosi Törvényszék.#Reference for a preliminary ruling – Common asylum and immigration policy – Directive 2011/95/EU – Standards for granting refugee status or subsidiary protection status – Withdrawal of the status – Directive 2013/32/EU – Common procedures for granting and withdrawing international protection – Danger to national security – Position taken by a specialist authority – Access to the file.#Case C-159/21.

August 7, 2024 0 Comments

CELEX:62021TJ0475_RES: Judgment of the General Court (Ninth Chamber) of 21 September 2022.#French Republic v European Commission.#Case T-475/21.

August 7, 2024 0 Comments

CELEX:62020TJ0371_RES: Judgment of the General Court (Sixth Chamber, Extended Composition) of 14 September 2022.#Pollinis France v European Commission.#Access to documents – Regulation (EC) No 1049/2001 – Standing Committee for Plants, Animals, Food and Feed – EFSA guidance document on the risk assessment of plant protection products on bees – Individual positions of the Member States – Refusal to grant access – Article 4(3) of Regulation No 1049/2001 – Exception relating to protection of the decision-making process.#Joined Cases T-371/20 and T-554/20.

August 7, 2024 0 Comments

CELEX:62019TJ0744_RES: Judgment of the General Court (Eighth Chamber, Extended Composition) of 14 September 2022.#Methanol Holdings (Trinidad) Ltd v European Commission.#Dumping – Imports of mixtures of urea and ammonium nitrate originating in Russia, Trinidad and Tobago and the United States – Implementing Regulation (EU) 2019/1688 – Article 3(1) to (3) and (5) to (8) of Regulation (EU) 2016/1036 – Sales through related companies – Construction of the export price – Injury to the Union industry – Calculation of price undercutting – Causal link – Article 9(4) of Regulation 2016/1036 – Calculation of the injury margin – Injury elimination.#Case T-744/19.

August 7, 2024 0 Comments

CELEX:62021TJ0174_RES: Judgment of the General Court (Third Chamber) of 28 September 2022.#Agrofert, a.s. v European Parliament.#Access to documents – Regulation (EC) No 1049/2001 – Documents relating to the investigation against the former Prime Minister of the Czech Republic on the misuse of EU funds and potential conflicts of interest – Refusal to grant access – Exception relating to the protection of the purpose of inspections, investigations and audits – Interest in bringing proceedings ceasing in part to exist – No need to adjudicate in part – Obligation to state reasons.#Case T-174/21.

August 7, 2024 0 Comments

CELEX:62020CJ0184_RES: Judgment of the Court (Grand Chamber) of 1 August 2022.#OT v Vyriausioji tarnybinės etikos komisija.#Request for a preliminary ruling from the Vilniaus apygardos administracinis teismas.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 52(1) – Directive 95/46/EC – Article 7(c) – Article 8(1) – Regulation (EU) 2016/679 – Point (c) of the first subparagraph of Article 6(1) and the second subparagraph of Article 6(3) – Article 9(1) – Processing necessary for compliance with a legal obligation to which the controller is subject – Objective of public interest – Proportionality – Processing of special categories of personal data – Natio

August 7, 2024 0 Comments

CELEX:62020TJ0529_RES: Judgment of the General Court (Seventh Chamber, Extended Composition) of 7 September 2022.#LR v European Investment Bank.#Civil service – EIB staff – Remuneration – Resettlement allowance – Establishment of a member of staff’s residence in his or her own home after leaving the service of the EIB – Second indent of the first paragraph of Article 13 of the EIB Staff Rules – Concept of ‘home’ – Literal interpretation according to a prevailing language version – Unlimited jurisdiction – Dispute of a financial character – Admissibility.#Case T-529/20.

August 7, 2024 0 Comments

CELEX:62019TJ0603_RES: Judgment of the General Court (Sixth Chamber, Extended Composition) of 14 September 2022 (Extracts).#Helsingin Bussiliikenne Oy v European Commission.#State aid – Coach and bus transport – Equipment loan and capital loans granted by the City of Helsinki – Decision declaring the aid incompatible with the internal market and ordering its recovery – Economic continuity – Procedural rights of interested parties – Article 6(1) of Regulation (EU) 2015/1589 – Obligation to state reasons.#Case T-603/19.

August 7, 2024 0 Comments

CELEX:62019TJ0631_RES: Judgment of the General Court (Second Chamber, Extended Composition) of 7 September 2022.#Bundesnetzagentur für Elektrizität, Gas, Telekommunikation, Post und Eisenbahnen (BNetzA) v European Union Agency for the Cooperation of Energy Regulators.#Case T-631/19.

August 7, 2024 0 Comments

CELEX:62019TJ0642_RES: Judgment of the General Court (First Chamber) of 7 September 2022.#JCDecaux Street Furniture Belgium v European Commission.#State Aid – Aid granted by Belgium to JCDecaux Street Furniture Belgium – Decision declaring the aid incompatible with the internal market and ordering its recovery – Advantage – Obligation to state reasons.#Case T-642/19.

August 7, 2024 0 Comments

CELEX:62021TJ0095_RES: Judgment of the General Court (Eighth Chamber) of 21 September 2022.#Portuguese Republic v European Commission.#Case T-95/21.

August 7, 2024 0 Comments

CELEX:62020CJ0501_RES: Judgment of the Court (Third Chamber) of 1 August 2022.#MPA v LCDNMT.#Request for a preliminary ruling from the Audiencia Provincial de Barcelona.#Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility – Regulation (EC) No 2201/2003 – Articles 3, 6 to 8 and 14 – Definition of ‘habitual residence’ – Jurisdiction, recognition, enforcement of decisions and cooperation in matters relating to maintenance obligations – Regulation (EC) No 4/2009 – Articles 3 and 7 – Nationals of two different Member States residing in a third State as members of the contract staff working in the EU Delegation to that third State – Determination of

August 7, 2024 0 Comments

CELEX:62018TJ0604_RES: Judgment of the General Court (Sixth Chamber, Extended Composition) of 14 September 2022.#Google LLC and Alphabet, Inc. v European Commission.#Competition – Abuse of dominant position – Smart mobile devices – Decision finding an infringement of Article 102 TFEU and Article 54 of the EEA Agreement – Concepts of multi-sided platform and market (‘ecosystem’) – Operating system (Google Android) – App store (Play Store) – Search and browser applications (Google Search and Chrome) – Agreements with device manufacturers and mobile network operators – Single and continuous infringement – Concepts of overall plan and conduct implemented in the context of the same infringement (product bundles, exclusivity payments and anti-fragmentation obligations) – Exclusionary effects – R

August 7, 2024 0 Comments

CELEX:62020CJ0391_RES: Judgment of the Court (Grand Chamber) of 7 September 2022.#Proceedings brought by Boriss Cilevičs and Others.#Request for a preliminary ruling from the Satversmes tiesa.#Reference for a preliminary ruling – Article 49 TFEU – Freedom of establishment – Restriction – Justification – The organisation of education systems – Institutions of higher education – Obligation to provide courses of study in the official language of the Member State concerned – Article 4(2) TEU – National identity of a Member State – Defence and promotion of the official language of a Member State – Principle of proportionality.#Case C-391/20.

August 7, 2024 0 Comments

CELEX:62020CJ0352_RES: Judgment of the Court (First Chamber) of 1 August 2022.#HOLD Alapkezelő Befektetési Alapkezelő Zrt. v Magyar Nemzeti Bank.#Request for a preliminary ruling from the Kúria.#Reference for a preliminary ruling – Approximation of laws – Directive 2009/65/EC – Undertakings for collective investment in transferable securities (UCITS) – Directive 2011/61/EU – Alternative investment funds – Remuneration policies and practices in respect of the senior managers of a UCITS management company or manager of an alternative investment fund – Dividends distributed to certain senior managers – Concept of ‘remuneration’ – Article 17(1) of the Charter of Fundamental Rights of the European Union – Right to property.#Case C-352/20.

August 7, 2024 0 Comments

CELEX:62020CJ0411_RES: Judgment of the Court (Grand Chamber) of 1 August 2022.#S v Familienkasse Niedersachsen-Bremen der Bundesagentur für Arbeit.#Request for a preliminary ruling from the Finanzgericht Bremen.#Reference for a preliminary ruling – Citizenship of the Union – Freedom of movement of persons – Equal treatment – Directive 2004/38/EC – Article 24(1) and (2) – Social security benefits – Regulation (EC) No 883/2004 – Article 4 – Family benefits – Exclusion of nationals of other Member States who are economically inactive during the first three months of residence in the host Member State.#Case C-411/20.

August 7, 2024 0 Comments

CELEX:62021TJ0486_RES: Judgment of the General Court (Fourth Chamber) of 7 September 2022.#OE v European Commission.#Civil service – Officials – Teleworking – Claim for reimbursement of telephone and internet connection expenses – Claim rejected – Plea of illegality – Partial admissibility – Article 71 of and Annex VII to the Staff Regulations – Duty to have regard for the welfare of officials – Principle of equality and non-discrimination – Right to respect for private life.#Case T-486/21.

August 7, 2024 0 Comments

CELEX:62021CJ0007_RES: Judgment of the Court (Fourth Chamber) of 7 July 2022.#LKW WALTER Internationale Transportorganisation AG v CB and Others.#Request for a preliminary ruling from the Bezirksgericht Bleiburg.#Reference for a preliminary ruling – Judicial cooperation in civil matters – Service of documents – Regulation (EC) 1393/2007 – Article 8(1) – One-week period within which the right to refuse to accept a document is to be exercised – Enforcement order made in one Member State and served in another Member State in the language of the first Member State only – Legislation of that first Member State laying down an eight-day period to lodge an objection to that order – Period for lodging an objection starting to run at the same time as the period laid down for the purpose of exercisin

August 7, 2024 0 Comments

CELEX:62020CJ0348_RES: Judgment of the Court (Grand Chamber) of 12 July 2022.#Nord Stream 2 AG v European Parliament and Council of the European Union.#Appeal – Energy – Internal market in natural gas – Directive 2009/73/EC – Directive (EU) 2019/692 – Extension of the application of Directive 2009/73 to gas lines to or from third countries – Fourth paragraph of Article 263 TFEU – Action for annulment – Condition that an applicant must be directly concerned by the measure that forms the subject matter of its action – Lack of discretion as to the obligations imposed on an applicant – Condition that an applicant must be individually concerned by the measure that forms the subject matter of its action – Arrangements for the exemptions and derogations excluding the appellant as the sole operato

August 7, 2024 0 Comments
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