Kategorien: European Court of Justice (107 gefunden)

  1. 15. November 2024

    ECJ: Liability of managing director for failure to duly noti ...

    Following a request for a preliminary ruling from the Supreme Court of the Netherlands, the European Court of Justice commented on the Dutch legislation providing for joint and several liability of the establishment's administrator and specifically the circumstances under which the shareholder and managing director of a Dutch holding company may be held liable for the company’s inability to pay the taxes due.

    Kategorien: European Court of Justice
    Schlagwörter: owner/manager, liability for VAT
  2. 25. Oktober 2024

    ECJ: Partial recovery of commission in case of early repayme ...

    In a preliminary request from Poland the European Court of Justice decided that the consumer can recover part of the commission linked to the granting of credit if he or she has not been informed that this commission is not dependent of the duration of the contract. The same applies if the consumer has paid that commission in a single instalment when concluding the mortgage agreement.

    Kategorien: European Court of Justice
    Schlagwörter: early repayment, loan
  3. 09. Oktober 2024

    ECJ: Limitation on deduction of interest for an intra-group ...

    In a most recent judgment, the European Court of Justice decided that Article 10a of the Dutch Corporate Income Tax Act providing for an interest deduction limitation rule in wholly artificial arrangements is compatible with EU law. Although this article introduces a difference in treatment between a domestic and a cross-border situation, such a difference is justified based on the need to combat tax fraud and tax evasion.

    Kategorien: European Court of Justice
    Schlagwörter: interest limitation, interest deduction
  4. 04. Oktober 2024

    ECJ: Request for tax relevant information versus lawyer’s ob ...

    In a request for a preliminary ruling from Luxembourg the ECJ was asked under what conditions a tax administration may seek disclosure from a lawyer in the context of an exchange of information and whether such information provided falls under the protection of legal professional privilege pursuant to Article 7 of the Charter of Fundamental Rights of the European Union. In this case the ECJ sees an infringement of the essence of the right guaranteed in Article 7 of the Charter which cannot be justified.

    Kategorien: European Court of Justice
    Schlagwörter: exchange of information
  5. 30. September 2024

    ECJ on the UK Controlled Foreign Company (CFC) rules

    The case before the European Court of Justice (ECJ) concerned an annulment application in respect of a decision by the European Commission that certain parts of the UK’s controlled foreign company (CFC) regime constituted state aid. The case was an appeal against the General Court’s earlier decision to uphold the Commission’s state aid determination.

    Kategorien: European Court of Justice
    Schlagwörter: state aid, CFC taxation
  6. 09. September 2024

    ECJ: No direct claim for refund of VAT in case of incorrect ...

    The Supreme Tax Court had asked the European Court of Justice for a preliminary ruling on the question of a direct refund claim in the case of incorrectly invoiced and paid German VAT in the event of the supplier's insolvency. In its judgment, the ECJ is of the opinion that the recipient of the service cannot claim a refund of the VAT paid to the supplier directly from the tax authorities of his Member State.

    Kategorien: European Court of Justice
    Schlagwörter: incomplete invoice, insolvency, refund c ...
  8. 30. Juli 2024

    Combating aggressive tax planning: ECJ upholds the validity ...

    The EU Council Directive for mandatory automatic exchange of tax information in cross-border arrangements provides that all intermediaries and, in their absence, the taxpayer involved in potentially aggressive cross-border tax arrangements (that may lead to tax avoidance and evasion) must report them to the competent tax authorities. In a Belgian case the European Court of Justice took the chance to comment on various general aspects of the Directive.

    Kategorien: European Court of Justice
    Schlagwörter: automatic exchange of information, cross ...
  12. 06. Juni 2024

    ECJ: Tenderer to claim damages if unlawfully excluded from p ...

    In its judgment today the European Court of Justice held that current EU-law contravenes a national legislation or a national practice which excludes the possibility for a tenderer who has been unlawfully excluded from a procedure for the award of a public contract to be compensated for the loss suffered because of the loss of the opportunity to participate in that procedure with the intention to obtain the contract concerned.

    Kategorien: European Court of Justice
    Schlagwörter: damages, public sector
  14. 17. Mai 2024

    ECJ: Transactions between members of VAT group taxable?

    In a case previously dealt with by the European Court of Justice the Supreme Tax Court saw the need for yet another preliminary ruling regarding the current German VAT situation of non-taxable intra-group transactions. In his Opinion the Advocate General takes the view that a VAT group’s internal transactions do not fall within the scope of value added tax.

    Kategorien: European Court of Justice
    Schlagwörter: VAT group, intracompany transaction
  16. 01. Mai 2024

    ECJ: Free-of-charge supplies of heat to other taxable person ...

    Following a request for a preliminary ruling from the Supreme Tax Court the European Court of Justice decided that the transfer free of charge of heat produced by a taxable person to other taxable persons is treated as a VATable supply of goods for consideration. It is irrelevant in that regard whether the recipients use the heat for purposes entitling to an input VAT deduction.

    Kategorien: European Court of Justice
    Schlagwörter: free-of-charge, Supply of goods
  17. 22. April 2024

    ECJ: VAT treatment of prepaid cards or voucher codes for pur ...

    In a request for a preliminary ruling from the Supreme Tax Court the European Court of Justice was asked to comment on the classification and VAT liability regarding the marketing of prepaid cards or voucher codes used to purchase digital content in an online shop. Specifically, the focus was on the distinction between single-purpose vouchers and multi-purpose vouchers.

    Kategorien: European Court of Justice
    Schlagwörter: digital platform operators, multiple-pur ...
  18. 18. März 2024

    ECJ: Method of calculating compensation for early repayment ...

    In a request for a preliminary ruling from the District Court of Ravensburg (Landgericht Ravensburg) the European Court of Justice was asked for an interpretation of Directive 2014/17/EU on the creditor’s right to receive compensation for premature repayment of a loan. The ECJ held that it must be ensured that the calculation by the creditor of its loss of profit from the premature termination, considering the flat rate return on the sum repaid early is fair and objective, and that it does not exceed the creditor’s financial loss.

    Kategorien: European Court of Justice
    Schlagwörter: compensation payment, early repayment, l ...
  19. 07. März 2024

    ECJ: Auctioning of personal data for advertising purposes un ...

    In a Belgian case, the European Court of Justice clarified the term "personal data" and the conditions under which a sectoral organization, insofar as it provides its members with a framework of rules on consent to the processing of personal data, is to be classified as a "joint controller"’ within the meaning of the General Data Protection Regulation (GDPR). The ECJ also comments on the limits of the joint and several liability of such an organization.

    Kategorien: European Court of Justice
    Schlagwörter: Personal data
  20. 05. März 2024

    ECJ: VAT exemption for intra-Community supplies only if iden ...

    In a decision following the request for a preliminary ruling from the Czech Republic the European Court of Justice held that exemption from VAT must be refused if the supplier has not provided evidence that the goods have been supplied to a recipient who is taxable in the other Member State and - taking into account the facts and the evidence provided by the supplier - the information required to verify the taxability of the recipient is missing.

    Kategorien: European Court of Justice
    Schlagwörter: delivery documentation, VAT Exemption
  21. Weitere laden

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Björn Viebrock

Björn Viebrock

Partner
Düsseldorf

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