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51 records in EU in 2022

All countriesUnited States · 53,051European Union · 5,204Ireland · 4,382Austria · 4,130United Kingdom · 3,280France · 2,309Germany · 1,778Netherlands · 865Belgium · 1Search this topic

Records

Record· CJCELEX 62021CJ0656_SUMdecided

Judgment of the Court (Fifth Chamber) of 22 December 2022.#IM Gestão de Ativos (IMGA) – Sociedade Gestora de Organismos de Investimento Coletivo SA v Autoridade Tributária e Aduaneira.#Reference for a preliminary ruling – Directive 2008/7/EC – Article 5(2)(a) – Indirect taxes on the raising of capital – Stamp duty on services relating to the marketing of shares in undertakings for collective investment in transferable securities.#Case C-656/21.

European Union · Court of Justice of the European Union · 22 December 2022

Record· CJCELEX 62021CJ0083_SUMdecided

Judgment of the Court (Second Chamber) of 22 December 2022.#Airbnb Ireland UC and Airbnb Payments UK Ltd v Agenzia delle Entrate.#Reference for a preliminary ruling – Internal market – Article 114(2) TFEU – Exclusion of fiscal provisions – Directive 2000/31/EC – Information society services – Electronic commerce – Online property intermediation platform – Article 1(5)(a) – Exclusion of the ‘field of taxation’ – Directive 2006/123/EC – Services in the internal market – Article 2(3) – Exclusion of the ‘field of taxation’ – Directive (EU) 2015/1535 – Article 1(1)(e) and (f) – Concepts of ‘rule on services’ and ‘technical regulation’ – Obligation on providers of property intermediation services to collect and transmit to the tax authorities data on rental contracts and to withhold tax at source on the payments made – Obligation on service providers that do not have a permanent establishment in Italy to appoint a tax representative – Article 56 TFEU – Restrictive nature – Legitimate objective – Disproportionate nature of the obligation to appoint a tax representative – Third paragraph of Article 267 TFEU – Prerogatives of a national court or tribunal against whose decisions there is no judicial remedy under national law.#Case C-83/21.

European Union · Court of Justice of the European Union · 22 December 2022

Record· CJCELEX 62021CJ0553_SUMdecided

Judgment of the Court (Eighth Chamber) of 22 December 2022.#Hauptzollamt Hamburg v Shell Deutschland Oil GmbH.#Reference for a preliminary ruling – Directive 2003/96/EC – Taxation of energy products and electricity – Fourth indent of Article 5 – Differentiated rates of excise duty according to whether those products are for business or non-business use – Optional tax exemptions and reductions – Submission of an application for an optional tax reduction after the expiry of the period prescribed for that purpose but before the expiry of the period for assessment of the tax concerned – Principle of legal certainty – Principle of effectiveness – Principle of proportionality.#Case C-553/21.

European Union · Court of Justice of the European Union · 22 December 2022

Record· CJCELEX 62021CJ0332_SUMdecided

Judgment of the Court (Tenth Chamber) of 22 December 2022.#Quadrant Amroq Beverages SRL v Agenţia Naţională de Administrare Fiscală - Direcţia Generală de Administrare a Marilor Contribuabili.#Reference for a preliminary ruling – Harmonisation of fiscal legislation – Directive 92/83/EEC – Harmonisation of the structures of excise duties on alcohol and alcoholic beverages – Excise duty – Ethyl alcohol – Exemptions – Article 27(1)(e) – Production of flavours for the preparation of foodstuffs and non-alcoholic beverages with an alcohol strength not exceeding 1.2% volume – Scope – Principles of proportionality and effectiveness.#Case C-332/21.

European Union · Court of Justice of the European Union · 22 December 2022

Record· CJCELEX 62021CJ0656decided

Judgment of the Court (Fifth Chamber) of 22 December 2022.#IM Gestão de Ativos (IMGA) – Sociedade Gestora de Organismos de Investimento Coletivo SA v Autoridade Tributária e Aduaneira.#Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD).#Reference for a preliminary ruling – Directive 2008/7/EC – Article 5(2)(a) – Indirect taxes on the raising of capital – Stamp duty on services relating to the marketing of shares in undertakings for collective investment in transferable securities.#Case C-656/21.

European Union · Court of Justice of the European Union · 22 December 2022

Record· CJCELEX 62021CJ0553decided

Judgment of the Court (Eighth Chamber) of 22 December 2022.#Hauptzollamt Hamburg v Shell Deutschland Oil GmbH.#Request for a preliminary ruling from the Bundesfinanzhof.#Reference for a preliminary ruling – Directive 2003/96/EC – Taxation of energy products and electricity – Fourth indent of Article 5 – Differentiated rates of excise duty according to whether those products are for business or non-business use – Optional tax exemptions and reductions – Submission of an application for an optional tax reduction after the expiry of the period prescribed for that purpose but before the expiry of the period for assessment of the tax concerned – Principle of legal certainty – Principle of effectiveness – Principle of proportionality.#Case C-553/21.

European Union · Court of Justice of the European Union · 22 December 2022

Record· CJCELEX 62021CJ0083decided

Judgment of the Court (Second Chamber) of 22 December 2022.#Airbnb Ireland UC and Airbnb Payments UK Ltd v Agenzia delle Entrate.#Request for a preliminary ruling from the Consiglio di Stato.#Reference for a preliminary ruling – Internal market – Article 114(2) TFEU – Exclusion of fiscal provisions – Directive 2000/31/EC – Information society services – Electronic commerce – Online property intermediation platform – Article 1(5)(a) – Exclusion of the ‘field of taxation’ – Directive 2006/123/EC – Services in the internal market – Article 2(3) – Exclusion of the ‘field of taxation’ – Directive (EU) 2015/1535 – Article 1(1)(e) and (f) – Concepts of ‘rule on services’ and ‘technical regulation’ – Obligation on providers of property intermediation services to collect and transmit to the tax authorities data on rental contracts and to withhold tax at source on the payments made – Obligation on service providers that do not have a permanent establishment in Italy to appoint a tax representative – Article 56 TFEU – Restrictive nature – Legitimate objective – Disproportionate nature of the obligation to appoint a tax representative – Third paragraph of Article 267 TFEU – Prerogatives of a national court or tribunal against whose decisions there is no judicial remedy under national law.#Case C-83/21.

European Union · Court of Justice of the European Union · 22 December 2022

Record· CJCELEX 62021CJ0332decided

Judgment of the Court (Tenth Chamber) of 22 December 2022.#Quadrant Amroq Beverages SRL v Agenţia Naţională de Administrare Fiscală - Direcţia Generală de Administrare a Marilor Contribuabili.#Request for a preliminary ruling from the Tribunalul Bucureşti.#Reference for a preliminary ruling – Harmonisation of fiscal legislation – Directive 92/83/EEC – Harmonisation of the structures of excise duties on alcohol and alcoholic beverages – Excise duty – Ethyl alcohol – Exemptions – Article 27(1)(e) – Production of flavours for the preparation of foodstuffs and non-alcoholic beverages with an alcohol strength not exceeding 1.2% volume – Scope – Principles of proportionality and effectiveness.#Case C-332/21.

European Union · Court of Justice of the European Union · 22 December 2022

Record· TJCELEX 62020TJ0626_RESdecided

Judgment of the General Court (Seventh Chamber, Extended Composition) of 21 December 2022.#Landwärme GmbH v European Commission.#State aid – Biogas market – Tax exemptions compensating for additional production costs – Decisions not to raise objections – Action for annulment – Interest in bringing proceedings – Admissibility – Failure to initiate the formal investigation procedure – Serious difficulties – Article 108(2) and (3) TFEU – Article 4(3) and (4) of Regulation (EU) 2015/1589 – Guidelines on State aid for environmental protection and energy 2014-2020 – Cumulation of aid – Aid granted by several Member States – Imported biogas – Principle of non-discrimination – Article 110 TFEU.#Case T-626/20.

European Union · Court of Justice of the European Union · 21 December 2022

Record· TJCELEX 62020TJ0626decided

Judgment of the General Court (Seventh Chamber, Extended Composition) of 21 December 2022.#Landwärme GmbH v European Commission.#State aid – Biogas market – Tax exemptions compensating for additional production costs – Decisions not to raise objections – Action for annulment – Interest in bringing proceedings – Admissibility – Failure to initiate the formal investigation procedure – Serious difficulties – Article 108(2) and (3) TFEU – Article 4(3) and (4) of Regulation (EU) 2015/1589 – Guidelines on State aid for environmental protection and energy 2014-2020 – Cumulation of aid – Aid granted by several Member States – Imported biogas – Principle of non-discrimination – Article 110 TFEU.#Case T-626/20.

European Union · Court of Justice of the European Union · 21 December 2022

Record· TJCELEX 62020TJ0126decided

Judgment of the General Court (Fifth Chamber) of 14 December 2022.#Autoridad Portuaria de Bilbao v European Commission.#State aid – Ports sector – Corporate tax exemption scheme implemented by Spain in favour of ports in the province of Biscay – Decision declaring the aid incompatible with the internal market – Existing aid – Advantage – Burden of proof – Selective nature – Effect on trade between Member States – Distortion of competition – Appropriate measures.#Case T-126/20.

European Union · Court of Justice of the European Union · 14 December 2022

Record· TJCELEX 62020TJ0126_INFdecided

Judgment of the General Court (Fifth Chamber) of 14 December 2022.#Autoridad Portuaria de Bilbao v European Commission.#State aid – Ports sector – Corporate tax exemption scheme implemented by Spain in favour of ports in the province of Biscay – Decision declaring the aid incompatible with the internal market – Existing aid – Advantage – Burden of proof – Selective nature – Effect on trade between Member States – Distortion of competition – Appropriate measures.#Case T-126/20.

European Union · Court of Justice of the European Union · 14 December 2022

Record· COCELEX 62021CO0459decided

Order of the Court (Sixth Chamber) of 9 December 2022.#The Navigator Company SA and Navigator Pulp Figueira SA v Autoridade Tributária e Aduaneira.#Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD).#Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Value added tax (VAT) – Directive 2006/112/EC – Article 176 – Exclusions from the right to deduct VAT – Less favourable scheme compared to the mechanism for deducting expenses provided for in respect of a direct tax governed by national law – Principle of equivalence – Inapplicability.#Case C-459/21.

European Union · Court of Justice of the European Union · 9 December 2022

Record· COCELEX 62021CO0459_INFdecided

Order of the Court (Sixth Chamber) of 9 December 2022.#The Navigator Company SA and Navigator Pulp Figueira SA v Autoridade Tributária e Aduaneira.#Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Value added tax (VAT) – Directive 2006/112/EC – Article 176 – Exclusions from the right to deduct VAT – Less favourable scheme compared to the mechanism for deducting expenses provided for in respect of a direct tax governed by national law – Principle of equivalence – Inapplicability.#Case C-459/21.

European Union · Court of Justice of the European Union · 9 December 2022

Record· CJCELEX 62021CJ0378_SUMdecided

Judgment of the Court (Seventh Chamber) of 8 December 2022.#P GmbH v Finanzamt Österreich.#Reference for a preliminary ruling – Harmonisation of fiscal legislation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 203 – Adjustment of the VAT return – Recipients of services who are not entitled to make deductions – No risk of loss of tax revenue.#Case C-378/21.

European Union · Court of Justice of the European Union · 8 December 2022

Record· CJCELEX 62021CJ0247_SUMdecided

Judgment of the Court (Eighth Chamber) of 8 December 2022.#Luxury Trust Automobil GmbH v Finanzamt Österreich.#Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 42(a) – Article 197(1)(c) – Article 226(11a) – Article 141 – Exemption – Triangular transaction – Designation of the final recipient of a supply as being liable for VAT – Invoicing – Reference to ‘Reverse charge’ – Mandatory – Omission of that reference on an invoice – Retroactive correction of the invoice.#Case C-247/21.

European Union · Court of Justice of the European Union · 8 December 2022

Record· CJCELEX 62020CJ0694_RESdecided

Judgment of the Court (Grand Chamber) of 8 December 2022.#Orde van Vlaamse Balies and Others v Vlaamse Regering.#Reference for a preliminary ruling – Administrative cooperation in the field of taxation – Mandatory automatic exchange of information in relation to reportable cross-border arrangements – Directive 2011/16/EU, as amended by Directive (EU) 2018/822 – Article 8ab(5) – Validity – Lawyer’s legal professional privilege – Exemption from the reporting obligation for lawyer-intermediaries subject to legal professional privilege – Obligation on that lawyer-intermediary to notify any other intermediary who is not his or her client of that intermediary’s reporting obligations – Articles 7 and 47 of the Charter of Fundamental Rights of the European Union.#Case C-694/20.

European Union · Court of Justice of the European Union · 8 December 2022

Report· CCCELEX 62020CC0692decided

Opinion of Advocate General Collins delivered on 8 December 2022.#European Commission v United Kingdom of Great Britain and Northern Ireland.#Failure of a Member State to fulfil obligations – Judgment of the Court finding a failure to fulfil obligations – Failure to comply with the judgment – Directive 95/60/EC – Fiscal marking of gas oils – Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community – Protocol on Ireland and Northern Ireland – Continuation of the infringement after the end of the transition period as regards Northern Ireland – Article 260(2) TFEU – Pecuniary penalties – Lump sum – Gravity of the infringement – Payment capacity.#Case C-692/20.

European Union · Court of Justice of the European Union · 8 December 2022

Record· CJCELEX 62021CJ0378decided

Judgment of the Court (Seventh Chamber) of 8 December 2022.#P GmbH v Finanzamt Österreich.#Request for a preliminary ruling from the Bundesfinanzgericht.#Reference for a preliminary ruling – Harmonisation of fiscal legislation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 203 – Adjustment of the VAT return – Recipients of services who are not entitled to make deductions – No risk of loss of tax revenue.#Case C-378/21.

European Union · Court of Justice of the European Union · 8 December 2022

Record· CJCELEX 62021CJ0247decided

Judgment of the Court (Eighth Chamber) of 8 December 2022.#Luxury Trust Automobil GmbH v Finanzamt Österreich.#Request for a preliminary ruling from the Verwaltungsgerichtshof.#Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 42(a) – Article 197(1)(c) – Article 226(11a) – Article 141 – Exemption – Triangular transaction – Designation of the final recipient of a supply as being liable for VAT – Invoicing – Reference to ‘Reverse charge’ – Mandatory – Omission of that reference on an invoice – Retroactive correction of the invoice.#Case C-247/21.

European Union · Court of Justice of the European Union · 8 December 2022

Record· CJCELEX 62020CJ0694decided

Judgment of the Court (Grand Chamber) of 8 December 2022.#Orde van Vlaamse Balies and Others v Vlaamse Regering.#Request for a preliminary ruling from the Grondwettelijk Hof.#Reference for a preliminary ruling – Administrative cooperation in the field of taxation – Mandatory automatic exchange of information in relation to reportable cross-border arrangements – Directive 2011/16/EU, as amended by Directive (EU) 2018/822 – Article 8ab(5) – Validity – Legal professional privilege of the lawyer – Exemption from the reporting obligation for the benefit of lawyer-intermediaries subject to legal professional privilege – Obligation on that lawyer-intermediary to notify any other intermediary who is not his or her client of that intermediary’s reporting obligations – Articles 7 and 47 of the Charter of Fundamental Rights of the European Union.#Case C-694/20.

European Union · Court of Justice of the European Union · 8 December 2022

Report· CCCELEX 62021CC0516decided

Opinion of Advocate General Pitruzzella delivered on 8 December 2022.#Finanzamt X v Y.#Request for a preliminary ruling from the Bundesfinanzhof.#Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 135(2), first subparagraph, point (c) – Exceptions to the exemption provided for in Article 135(1)(l) – Letting of permanently installed equipment and machinery in the context of the leasing of an agricultural building.#Case C-516/21.

European Union · Court of Justice of the European Union · 8 December 2022

Record· CJCELEX 62021CJ0512_SUMdecided

Judgment of the Court (Tenth Chamber) of 1 December 2022.#Aquila Part Prod Com S.A v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága.#Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 168 – Right to deduct VAT – Principles of fiscal neutrality, effectiveness and proportionality – Evasion – Proof – Duty of diligence on the part of the taxable person – Taking into account of a breach of obligations arising from national provisions and from EU law relating to the safety of the food supply chain – Authority granted by the taxable person to a third party to carry out the taxable transactions – Charter of Fundamental Rights of the European Union – Article 47 – Right to a fair hearing.#Case C-512/21.

European Union · Court of Justice of the European Union · 1 December 2022

Record· CJCELEX 62020CJ0269_SUMdecided

Judgment of the Court (First Chamber) of 1 December 2022.#Finanzamt T v S.#Reference for a preliminary ruling – Value added tax (VAT) – Sixth Directive 77/388/EEC – Second subparagraph of Article 4(4) – Taxable persons – Option for Member States to treat as a single taxable person persons who are legally independent but closely bound to one another by financial, economic and organisational links (‘VAT group’) – National legislation designating the controlling company of a VAT group as a single taxable person – Internal supplies within the VAT group – Article 6(2)(b) – Supplies of services provided free of charge – Concept of ‘purposes other than those of the business’.#Case C-269/20.

European Union · Court of Justice of the European Union · 1 December 2022

Record· CJCELEX 62020CJ0141_SUMdecided

Judgment of the Court (First Chamber) of 1 December 2022.#Finanzamt Kiel v Norddeutsche Gesellschaft für Diakonie mbH.#Reference for a preliminary ruling – Value added tax (VAT) – Sixth Directive 77/388/EEC – Second subparagraph of Article 4(4) – Taxable persons – Option for Member States to treat as a single taxable person entities that are legally independent but closely bound to one another by financial, economic and organisational links (‘VAT group’) – National legislation designating the controlling company of a VAT group as a single taxable person – Concept of ‘close financial links’ – No need for the controlling company to have a majority of voting rights as well as a majority shareholding – Assessment of the independence of an economic entity in the light of standardised criteria – Scope.#Case C-141/20.

European Union · Court of Justice of the European Union · 1 December 2022

Report· CCCELEX 62021CC0620decided

Opinion of Advocate General Kokott delivered on 1 December 2022.#MOMTRADE RUSE LTD v Direktor na Direktsia 'Obzhalvane i danachno-osiguritelna praktika' Varna pri Tsentralno upravlenie na Natsionalnata agentsia za prihodite.#Request for a preliminary ruling from the Varhoven administrativen sad.#Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 132(1)(g) – Exemption for the supply of services closely linked to welfare and social security work, by bodies recognised by the Member State concerned as being devoted to social wellbeing – Supply of services provided to a non-taxable person in a Member State other than that in which the supplier is established – Assessment of the nature of the services and the condition of being a body recognised as being devoted to social wellbeing – Determination of the relevant national law – Concept of ‘Member State concerned’.#Case C-620/21.

European Union · Court of Justice of the European Union · 1 December 2022

Record· CJCELEX 62021CJ0512decided

Judgment of the Court (Tenth Chamber) of 1 December 2022.#Aquila Part Prod Com S.A v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága.#Request for a preliminary ruling from the Fővárosi Törvényszék.#Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 168 – Right to deduct VAT – Principles of fiscal neutrality, effectiveness and proportionality – Evasion – Proof – Duty of diligence on the part of the taxable person – Taking into account of a breach of obligations arising from national provisions and from EU law relating to the safety of the food supply chain – Authority granted by the taxable person to a third party to carry out the taxable transactions – Charter of Fundamental Rights of the European Union – Article 47 – Right to a fair hearing.#Case C-512/21.

European Union · Court of Justice of the European Union · 1 December 2022

Record· CJCELEX 62020CJ0141decided

Judgment of the Court (First Chamber) of 1 December 2022.#Finanzamt Kiel v Norddeutsche Gesellschaft für Diakonie mbH.#Request for a preliminary ruling from the Bundesfinanzhof.#Reference for a preliminary ruling – Value added tax (VAT) – Sixth Directive 77/388/EEC – Second subparagraph of Article 4(4) – Taxable persons – Option for Member States to treat as a single taxable person entities that are legally independent but closely bound to one another by financial, economic and organisational links (‘VAT group’) – National legislation designating the controlling company of a VAT group as a single taxable person – Concept of ‘close financial links’ – No need for the controlling company to have a majority of voting rights as well as a majority shareholding – Assessment of the independence of an economic entity in the light of standardised criteria – Scope.#Case C-141/20.

European Union · Court of Justice of the European Union · 1 December 2022

Record· CJCELEX 62020CJ0269decided

Judgment of the Court (First Chamber) of 1 December 2022.#Finanzamt T v S.#Request for a preliminary ruling from the Bundesfinanzhof.#Reference for a preliminary ruling – Value added tax (VAT) – Sixth Directive 77/388/EEC – Second subparagraph of Article 4(4) – Taxable persons – Option for Member States to treat as a single taxable person persons who are legally independent but closely bound to one another by financial, economic and organisational links (‘VAT group’) – National legislation designating the controlling company of a VAT group as a single taxable person – Internal supplies within the VAT group – Article 6(2)(b) – Supplies of services provided free of charge – Concept of ‘purposes other than those of the business’.#Case C-269/20.

European Union · Court of Justice of the European Union · 1 December 2022

Record· CJCELEX 62021CJ0596_SUMdecided

Judgment of the Court (Fifth Chamber) of 24 November 2022.#A v Finanzamt M.#Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Articles 167 and 168 – Right to deduct input VAT – Principle of prohibition of fraud – Chain of supply – Refusal of the right to deduct in the case of fraud – Taxable person – Second purchaser of goods – Fraud affecting part of the VAT due in respect of the first purchase – Scope of the refusal of the right to deduction.#Case C-596/21.

European Union · Court of Justice of the European Union · 24 November 2022

Record· CJCELEX 62021CJ0458_SUMdecided

Judgment of the Court (Eighth Chamber) of 24 November 2022.#CIG Pannónia Életbiztosító Nyrt. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága.#Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 132(1)(c) – Exemptions for certain activities in the public interest – Provision of medical care in the exercise of the medical and paramedical professions – Service used by an insurance company to review the accuracy of a diagnosis of serious illness and find and provide the best possible care and treatment abroad.#Case C-458/21.

European Union · Court of Justice of the European Union · 24 November 2022

Record· CJCELEX 62020CJ0607_SUMdecided

Judgment of the Court (First Chamber) of 17 November 2022.#GE Aircraft Engine Services Ltd v The Commissioners for Her Majesty's Revenue & Customs.#Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 26(1)(b) – Supply of services free of charge – Award of retail vouchers free of charge to staff of the taxable person’s business as part of an employee recognition and reward scheme – Transactions treated as supplies of services for consideration – Scope – Principle of fiscal neutrality.#Case C-607/20.

European Union · Court of Justice of the European Union · 17 November 2022

Record· CJCELEX 62021CJ0578_INFdecided

Judgment of the Court (Seventh Chamber) of 17 November 2022.#Irish Wind Farmers' Association Clg and Others v European Commission.#Appeal – State aid – Article 107(1) TFEU – Article 108(2) and (3) TFEU – Regulation (EU) 2015/1589 – Article 4 – Member State legislation on business property taxation – Methods for valuation of property used to calculate the basis of assessment of the rate payable – Complaint from wind farm operators – Allegation of an under-assessment of the basis of assessment for the business rate payable by fossil fuel electricity producers and, consequently, of a level of business rate of those electricity generators lower than that of other electricity producers due to the choice of valuation method used – Preliminary examination procedure – Decision finding that there is no State aid – No economic and selective advantage – Failure to initiate the formal investigation procedure – Concept of ‘serious difficulties’ – Extent of the European Commission’s investigative duty – Principle of sound administration – Obligation to conduct the investigation procedure diligently and impartially – Scope of review by the General Court of the European Union.#Case C-578/21 P.

European Union · Court of Justice of the European Union · 17 November 2022

Record· CJCELEX 62020CJ0607decided

Judgment of the Court (First Chamber) of 17 November 2022.#GE Aircraft Engine Services Ltd v The Commissioners for Her Majesty's Revenue & Customs.#Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber).#Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 26(1)(b) – Supply of services free of charge – Award of retail vouchers free of charge to staff of the taxable person’s business as part of an employee recognition and reward scheme – Transactions treated as supplies of services for consideration – Scope – Principle of fiscal neutrality.#Case C-607/20.

European Union · Court of Justice of the European Union · 17 November 2022

Record· CJCELEX 62021CJ0578decided

Judgment of the Court (Seventh Chamber) of 17 November 2022.#Irish Wind Farmers' Association Clg and Others v European Commission.#Appeal – State aid – Article 107(1) TFEU – Article 108(2) and (3) TFEU – Regulation (EU) 2015/1589 – Article 4 – Member State legislation on business property taxation – Methods for valuation of property used to calculate the basis of assessment of the rate payable – Complaint from wind farm operators – Allegation of an under-assessment of the basis of assessment for the business rate payable by fossil fuel electricity producers and, consequently, of a level of business rate of those electricity generators lower than that of other electricity producers due to the choice of valuation method used – Preliminary examination procedure – Decision finding that there is no State aid – No economic and selective advantage – Failure to initiate the formal investigation procedure – Concept of ‘serious difficulties’ – Extent of the European Commission’s investigative duty – Principle of sound administration – Obligation to conduct the investigation procedure diligently and impartially – Scope of review by the General Court of the European Union.#Case C-578/21 P.

European Union · Court of Justice of the European Union · 17 November 2022

Record· CJCELEX 62021CJ0203_SUMdecided

Judgment of the Court (Fourth Chamber) of 10 November 2022.#Criminal proceedings against DELTA STROY 2003.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – Framework Decision 2005/212/JHA – Applicability – Imposition of a financial penalty on a legal person for non-payment of tax debts – Concept of ‘confiscation’ – Articles 48, 49 and 52 of the Charter of Fundamental Rights of the European Union – Penalties of a criminal nature – Principles of the presumption of innocence and the legality and proportionality of criminal offences and penalties – Rights of the defence – Imposition of a criminal penalty on a legal person for an offence committed by the representative of that legal person – Parallel criminal proceedings against that representative that have not been concluded – Proportionality.#Case C-203/21.

European Union · Court of Justice of the European Union · 10 November 2022

Report· CCCELEX 62021CC0612decided

Opinion of Advocate General Kokott delivered on 10 November 2022.#Gmina O. v Dyrektor Krajowej Informacji Skarbowej.#Request for a preliminary ruling from the Naczelny Sąd Administracyjny.#Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 2(1)(a) and (c) – Supply of goods and services for consideration – Article 9(1) – Meanings of ‘taxable person’ and ‘economic activity’ – Municipality which organises the installation of renewable energy on its territory for its residents who own immovable property and who have expressed the wish to be equipped with renewable energy systems – Their contribution amounting to 25% of the subsidisable costs, without being able to exceed a maximum value agreed between the municipality and the interested property owner – Reimbursement of the municipality by a subsidy from the competent provincial authority of 75% of the subsidisable costs – Article 13(1) – Municipalities not subject to tax for the activities or transactions carried out as public authorities.#Case C-612/21.

European Union · Court of Justice of the European Union · 10 November 2022

Record· CJCELEX 62019CJ0885_RESdecided

Judgment of the Court (Grand Chamber) of 8 November 2022.#Fiat Chrysler Finance Europe and Ireland v European Commission.#Appeal – State aid – Aid implemented by the Grand Duchy of Luxembourg – Decision declaring the aid incompatible with the internal market and unlawful and ordering its recovery – Tax ruling – Advantage – Selectivity – Arm’s length principle – Reference framework – National law applicable – ‘Normal’ taxation.#Joined Cases C-885/19 P and C-898/19 P.

European Union · Court of Justice of the European Union · 8 November 2022

Record· CJCELEX 62019CJ0885decided

Judgment of the Court (Grand Chamber) of 8 November 2022.#Fiat Chrysler Finance Europe and Ireland v European Commission.#Appeal – State aid – Aid implemented by the Grand Duchy of Luxembourg – Decision declaring the aid incompatible with the internal market and unlawful and ordering its recovery – Tax ruling – Advantage – Selectivity – Arm’s length principle – Reference framework – National law applicable – ‘Normal’ taxation.#Joined Cases C-885/19 P and C-898/19 P.

European Union · Court of Justice of the European Union · 8 November 2022

Record· CJCELEX 62021CJ0641_SUMdecided

Judgment of the Court (Eighth Chamber) of 27 October 2022.#Climate Corporation Emissions Trading GmbH v Finanzamt Österreich.#Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 44 – Point of reference for tax purposes – Transfer of greenhouse gas emission allowances – Recipient involved in VAT evasion in a chain of transactions – Taxable person who knew or should have known about that evasion.#Case C-641/21.

European Union · Court of Justice of the European Union · 27 October 2022

Record· CJCELEX 62021CJ0641decided

Judgment of the Court (Eighth Chamber) of 27 October 2022.#Climate Corporation Emissions Trading GmbH v Finanzamt Österreich.#Request for a preliminary ruling from the Bundesfinanzgericht.#Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 44 – Point of reference for tax purposes – Transfer of greenhouse gas emission allowances – Recipient involved in VAT evasion in a chain of transactions – Taxable person who knew or should have known about that evasion.#Case C-641/21.

European Union · Court of Justice of the European Union · 27 October 2022

Record· TJCELEX 62021TJ0668decided

Judgment of the General Court (Eighth Chamber) of 26 October 2022.#Sicilia Regionale Marittima SpA - Siremar v European Commission.#State aid – Maritime transport – Rescue aid – Decision declaring the aid unlawful – Decision declaring the aid in part compatible and in part incompatible with the internal market and ordering its recovery – Service of general economic interest – Obligation to submit a restructuring or liquidation plan – Six-month time limit – Extension – Tax exemption – Advantage – Effect on trade between Member States – Adverse effect on competition – Length of proceedings – Legitimate expectations – Legal certainty – Principle of sound administration.#Case T-668/21.

European Union · Court of Justice of the European Union · 26 October 2022

Record· TJCELEX 62021TJ0668_INFdecided

Judgment of the General Court (Eighth Chamber) of 26 October 2022.#Sicilia Regionale Marittima SpA - Siremar v European Commission.#State aid – Maritime transport – Rescue aid – Decision declaring the aid unlawful – Decision declaring the aid in part compatible and in part incompatible with the internal market and ordering its recovery – Service of general economic interest – Obligation to submit a restructuring or liquidation plan – Six-month time limit – Extension – Tax exemption – Advantage – Effect on trade between Member States – Adverse effect on competition – Length of proceedings – Legitimate expectations – Legal certainty – Principle of sound administration.#Case T-668/21.

European Union · Court of Justice of the European Union · 26 October 2022

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