Categories: European Court of Justice (112 found)

  1. 19.12.2024

    ECJ: A holding by purely financial investors in a law firm m ...

    In its decision today the European Court of Justice (ECJ) held that a Member State (here: Germany) may prohibit holdings by purely financial investors in the capital of a law firm. Such a restriction on the freedom of establishment and the free movement of capital is justified by the objective of ensuring that lawyers can exercise their profession independently and in compliance with their professional conduct obligations.

    Categories: European Court of Justice
    Keywords: law firm
  2. 16.12.2024

    ECJ: Input VAT deduction on intragroup administrative servic ...

    Following a preliminary request from Romania, the European Court of Justice (ECJ) had to deal with the refusal of the local tax authorities on the right to input VAT deduction if services are not used for taxable transactions. Specifically, it refers to the VAT deduction for intercompany consultancy and administrative services with a supplier located in a country different than Romania.

    Categories: European Court of Justice
    Keywords: input VAT deduction, intracompany transa ...
  4. 29.11.2024

    ECJ: Obligation to pay total agreed amount in case of premat ...

    Following the request for a preliminary ruling from the Austrian Supreme Court, the European Court of Justice held that the amount contractually due following the termination, by the recipient of a supply of services, of a contract validly concluded for that supply of services where the supplier had already started and was also prepared to complete the work, must be regarded as constituting the remuneration for a supply of services for consideration.

    Categories: European Court of Justice
    Keywords: supply of services
  5. 21.11.2024

    ECJ: Avoidance of customs duty by relocating the production ...

    In the present proceedings, the European Court of Justice (ECJ) had to decide whether the Commission may refuse to recognize a relocation of production solely on the ground that the relocation is intended to escape customs duties imposed in connection with a trade dispute between two States. The plaintiffs claim for the relocation of the origin of the goods (here: Harley Davidson motorcycles) was dismissed by the General Court. The ECJ as the court of last resort also rejected the grounds of appeal.

    Categories: European Court of Justice
    Keywords: customs, customs duty
  6. 15.11.2024

    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.

    Categories: European Court of Justice
    Keywords: owner/manager, liability for VAT
  7. 25.10.2024

    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.

    Categories: European Court of Justice
    Keywords: early repayment, loan
  8. 09.10.2024

    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.

    Categories: European Court of Justice
    Keywords: interest limitation, interest deduction
  9. 04.10.2024

    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.

    Categories: European Court of Justice
    Keywords: exchange of information
  11. 09.09.2024

    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.

    Categories: European Court of Justice
    Keywords: incomplete invoice, insolvency, refund c ...
  13. 30.07.2024

    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.

    Categories: European Court of Justice
    Keywords: automatic exchange of information, cross ...
  17. 06.06.2024

    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.

    Categories: European Court of Justice
    Keywords: damages, public sector
  19. 17.05.2024

    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.

    Categories: European Court of Justice
    Keywords: VAT group, intracompany transaction
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Björn Viebrock

Björn Viebrock

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