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Tax & Financial Standards New Judgments of the ECJ For November 2019

27.11.2019

Tax & Financial Standards New Judgments of the ECJ For November 2019

С-419/18 of 7 November 2019

Credit agreements for consumers  - Lawfulness of securing the debt arising under the agreement by means of a blank promissory note — Demand for payment of the debt owed under the promissory note — Scope of the court’s powers and obligations

Key aspects of the decision in the economic range:

Consumer protection. National law which allows a claim of a creditor who is a seller or supplier against a borrower who is a consumer to be secured by a blank promissory note. An application based on a promissory note intended to secure the debt arising under a consumer credit agreement.

Proceedings concerning demands for the settlement of debts arising under blank promissory notes issued by the latter parties in respect of sums owed under loan agreements.

С-555/18 of 7 November 2019

Judicial cooperation in civil matters - European Account Preservation Order - Obtention procedure - National order for payment against which an objection may be lodged - Definition of ‘judgment’, ‘court settlement’ and ‘authentic instrument’

Key aspects of the decision in the economic range:

European Account Preservation Order procedure. Enforcement of judgments delivered in payment proceedings. Order for payment of a monetary claim which has not yet become enforceable. Provision of national law providing that time ceases to run during judicial vacations.

Definition of ‘judgment’, ‘court settlement’ and ‘authentic instrument’.

Proceedings concerning enforcement action for recovery by K. of the claim allegedly held, by means, inter alia, of a European Account Preservation Order.

С-641/17 of 13 November 2019

Free movement of capital — Taxation of pension funds — Different treatment of Resident and non-resident pension funds— Legislation of a Member State, under which the resident pension funds are able to reduce their taxable profit with the amounts reserved to meet their pension payment obligations, and to set off the a withholding tax on dividends against corporation tax.

Key aspects of the decision in the economic range:

Conventions for the avoidance of double taxation. Reduction of taxable profit by means of mathematical accounting provisions intended to cover pension payments.

Legislation under which withholding tax on dividends can be set off, by a resident pension fund, against the corporation tax it is liable to pay, and by virtue of which, in that context, the amount of taxable profit can be reduced by reference to accounting provisions, when no such set-off is available to a non-resident pension fund.

Proceedings between C, a pension fund in the form of a trust under Canadian law, and a German Tax Office, concerning taxation of dividends, received from C.

С-400/18 of 20 November 2019

VAT - Exemptions - Services supplied by independent groups of persons - Supplies of services to members and non-members

Key aspects of the decision in the economic range:

Exemptions for certain activities in the public interest. National law which makes a VAT exemption for independent groups of persons that comprise Public Centres for Social Welfare subject to the condition that they provide services exclusively to members.

Proceedings concerning an audit act establishing a liability for value added tax.

С-198/18 of 21 November 2019

Insolvency proceedings — European order for payment procedure — Failure to pay a contractual claim before bankruptcy — Exception of set-off based on a contractual claim arising prior to bankruptcy — Concept of ‘insolvency proceedings and their effects’

Key aspects of the decision in the economic range:

Set-off within the framework of insolvency proceedings. An action brought by the liquidator of an insolvent company established in one Member State for the payment of goods delivered, pursuant to a contract concluded before the insolvency proceedings were opened in respect of that company, against the other contracting company, which is established in another Member State.

Concept of ‘insolvency proceedings and their effects’.

Proceedings between C, a company established in Sweden, and K, a Polish company in liquidation, concerning the refusal of C to pay K a sum.


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