News

/ News
Tax & Financial Standards New Judgments of the ECJ For June 2021

28.06.2021

Tax & Financial Standards New Judgments of the ECJ For June 2021

Tax & Financial Standards New Judgments of the ECJ For June 2021
С-280/20 of 3 June 2021
Determination of international jurisdiction of the courts of a Member State – Employee residing in a Member State – Contract concluded with a consular representation of that Member State in another Member State – Functions of the employee – No exercise of public powers
Key aspects of the decision in the economic range:
Judicial cooperation in civil matters. Determining the international jurisdiction of the courts of a Member State to hear and rule on a dispute between an employee from a Member State who does not carry out duties involving the exercise of public powers and a consular authority of that Member State situated in the territory of another Member State.
Proceedings concerning an application for payment of compensation in lieu of paid annual leave not taken.
С-624/19 of 3 June 2021
Social policy – Equal pay for male and female workers - Claims seeking equal pay for work of equal value – Single source – Workers of different sex having the same employer – Different establishments - Concepts of ‘equal work’, ‘same job’ and ‘work of equal value’
Key aspects of the decision in the economic range:
TFEU have direct effect in proceedings between individuals in which failure to observe the principle of equal pay for male and female workers for ‘work of equal value’. Proceedings concerning work of equal value carried out by workers of different sex having the same employer and in different establishments of that employer.
Concepts of ‘equal work’, ‘same job’ and ‘work of equal value’.  Proceedings between workers and T, which employs or employed those workers in its stores, concerning a claim for equal pay for male and female workers.
С-784/19 of 3 June 2021
Social security — Posting of workers — Temporary agency workers — A1 certificate — Determination of the Member State in which the employer normally carries out its activities — No assignment of temporary agency workers in the territory of the Member State in which the employer is established — Concept of ‘substantial activities, other than purely internal management activities’
Key aspects of the decision in the economic range:
A temporary employment agency (‘TEA’). Activities usually carried out. Determination of the Member State in which the employer normally carries out its activities. Requirement that a significant proportion of the activity of placing temporary workers must be carried out for the benefit of undertakings established in the same Member State. Social security legislation, applicable to a Bulgarian worker who has been placed temporarily with a German employer by a TEA established in Bulgaria.
Concept of ‘substantial activities, other than purely internal management activities’
Proceedings between T, a company incorporated under Bulgarian law, and the Director of the Territorial Directorate of the National Public Revenue Agency Bulgaria, concerning the latter’s refusal to issue a certificate attesting that Bulgarian social security legislation is applicable to a temporary agency worker employed by that agency for the period during which that worker is assigned to a user undertaking established in Germany.
С-910/19 of 3 June 2021
Prospectus when securities are offered to the public or admitted to trading –Offer addressed to both retail investors and qualified investors – Content of information given in the prospectus – Action for damages – Awareness of the issuer’s economic situation - Civil liability towards qualified investors in the event of a prospectus being inaccurate or incomplete
Key aspects of the decision in the economic range:
Obligation to publish a prospectus when securities are offered to the public or admitted to trading. Qualified and non-qualified investors. An action for damages on the grounds of the information given in the prospectus may be brought not only by retail investors but also by qualified investors. National law which, in the context of an action for damages brought by a qualified investor on the grounds of the information given in the prospectus, allow, or even require, the court to take account of the fact that that investor was, or ought to have been, aware of the economic situation of the issuer of the offer of shares.  Proceedings concerning B’s liability, as issuer of an offer of shares for subscription, on the grounds of information given in a prospectus published prior to that offer.
С-931/19 of 3 June 2021
Value added tax — Provision of services — Point of reference for tax purposes — Letting a property in a Member State — Owner of a property with its registered office on the island of Jersey — Concept of a ‘fixed establishment’
Key aspects of the decision in the economic range:
Value added tax. Letting, subject to tax, of a property situated in national territory, which constitutes only a passive tolerance of an act (Duldungsleistung). A property which is let in a Member State constitutes a fixed establishment in the circumstance where the owner of that property does not have his or her own staff to perform services relating to the letting.  Concept of a ‘fixed establishment’. Proceedings between T, a company established in Jersey, and the Tax authority of Austria, concerning the levying of value added tax on rental income relating to a property located in Austria.
С-279/19 of 10 June 2021
General arrangements for excise duty – Goods ‘released for consumption’ in one Member State and held for commercial purposes in another Member State – Person liable to pay the excise duty that has become chargeable in respect of those goods – Person holding the goods intended for delivery in another Member State - Concept of ‘release for consumption’
Key aspects of the decision in the economic range:
Excise duties. A person who transports, on behalf of others, excise goods to another Member State, and who is in physical possession of those goods at the moment when they have become chargeable to the corresponding excise duty, is liable for that excise duty, under that provision, even if that person has no right to or interest in those goods and is not aware that they are subject to excise duty.
Proceedings concerning the legality of an assessment addressed to W relating to the excise duty which became chargeable in respect of the goods which W had transported to the United Kingdom without those goods being covered by a valid administrative document proving that that movement took place under a duty suspension arrangement.
С-303/20 of 10 June 2021
Credit agreements for consumers – Risk of over-indebtedness – Creditor’s obligation to assess the consumer’s creditworthiness – Effective, proportionate and dissuasive nature of the penalty in the event of infringement of that obligation
Key aspects of the decision in the economic range:
A breach by the creditor of the obligation to assess the creditworthiness of a consumer. The examination of the effectiveness, proportionality and dissuasiveness of the penalties provided, in the event, inter alia, of the failure to comply with the obligation to examine the creditworthiness of the consumer must be carried out taking into account, not only the provision adopted specifically in national law to transpose that directive, but also all the provisions of that law, interpreting them.  Proceedings concerning the payment of a debt arising from a consumer credit agreement.
Joined Cases С-776/19, С-777/19, С-778/19, С-781/19, С-779/19, С-780/19 and C-782/19 of 10 June 2021
Consumer protection — Unfair terms in consumer contracts — Mortgage loan agreements denominated in a foreign currency — Limitation — Main subject matter of the contract — Terms exposing the borrower to a foreign exchange risk — Requirements of intelligibility and transparency — Burden of proof — Contractual term that is in plain, intelligible language — Principle of effectiveness
Key aspects of the decision in the economic range:
National legislation which makes the submission of a claim by a consumer for a declaration that a term in a contract and that consumer is unfair or for repayment of sums paid but not due, on the basis of unfair terms subject to a five-year limitation period.
National legislation, under which the concept of the ‘main subject matter of the contract’ covers terms of the loan agreement which provide that the foreign currency is the account currency and the euro the settlement currency.
National legislation, under which in the context of a loan agreement denominated in a foreign currency, the requirement of transparency of the terms of that agreement is satisfied where the seller or supplier has provided the consumer with information relating to the impact on the consumer’s financial obligations of any appreciation or depreciation of the euro against the foreign currency in which the loan is denominated.
National legislation, which precludes the burden of proving that a contractual term is plain and intelligible from being borne by the consumer. Assignment of foreign exchange risk to the borrower - the seller or supplier has greater means than the consumer to foresee the foreign exchange risk and the risk borne by the seller or supplier is subject to an upper limit while that borne by the consumer is not.
Proceedings concerning the alleged unfairness of terms in mortgage loan agreements denominated in a foreign currency which provide, inter alia, that the Swiss franc is the account currency and the euro the settlement currency and which have the effect that the foreign exchange risk is borne by the borrower.
Joined Cases С-58/20 and C-59/20 of 17 June 2021
Value added tax (VAT) — Exemptions — Outsourcing — Services provided by a third party — Concept of ‘Management of special investment funds’
Key aspects of the decision in the economic range:
Provision of services by third parties to management companies of special investment funds consisting in ensuring that the income received from the fund is taxed and the grant of a right to use software, which fall within the scope of the exemption provision if they are intrinsically connected to the management of such funds and if they are provided exclusively for the purpose of managing such funds.
Concept of ‘Management of special investment funds’ . Proceedings between K (Case C‑58/20) and D Case C‑59/20) and the Tax Office, Austria concerning the refusal of those authorities to grant them the benefit of the exemption from value added tax (VAT) provided for in Article 135(1)(g) of the VAT Directive.

 


EuroCases

340VAT excl.

for account per year

For full pricelist see here

Buy now Free trial
TAX & FINANCIAL STANDARDS

240VAT excl.

for account per year

For full pricelist see here 

Buy now Free trial