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

03.12.2021

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

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

Tax&Financial Standards (T&FSt) – International Financial Reporting Standards, Date or entry into force: 1.01.2021 (consolidated version), in 4 languages - Bulgarian, English, German and French

New judgments

С-281/20 of 11 November 2021

Value added tax — Right of deduction — Reverse charge procedure — Material conditions governing the right to deduct — Supplier’s status as taxable person — Burden of proof — Fraud — Invoice referring to a fictitious supplier

Key aspects of the decision in the economic range:

Refusal of the right to deduct VAT to a a taxable person relating to the acquisition of goods supplied to that taxable person where he or she has knowingly mentioned a fictitious supplier on the invoice which that taxable person him- or herself has issued in respect of that transaction under the reverse charge procedure. Information necessary to verify that the true supplier had the status of taxable person.

Proceedings concerning the right of deduction of value added tax relating to a supply of recovered materials.

С-398/20 of 11 November 2021

Value added tax — Reduction of the taxable amount for VAT purposes — Total or partial non-payment of the price on account of the debtor’s insolvency — Conditions imposed by national legislation for the adjustment of output VAT — Condition that the claim not paid in whole or in part must not have arisen during the six-month period preceding the declaration of insolvency of the debtor company

Key aspects of the decision in the economic range:

Correct collection of VAT and to prevent evasion.

National provision which makes adjustment of the amount of value added tax subject to the condition that the partially or totally unpaid claim must not have arisen during the six-month period preceding the declaration of insolvency of the debtor company, where it is not ruled out under that condition that such a claim may ultimately be definitively irrecoverable.

Proceedings between a company E and the Appellate Tax Directorate, concerning the latter’s refusal to grant E an adjustment of the amount of value added tax.

С-212/20 of 18 November 2021

Consumer protection - Unfair terms in consumer contracts - Mortgage loan indexed in a foreign currency - Contractual clause on the buying and selling rate of a foreign currency - Requirement of comprehensibility and transparency - Powers of the national court

Key aspects of the decision in the economic range:

A clause in a credit agreement that sets the buy and sell rate of the foreign currency in which the credit is indexed must be drafted in such a way as to allow the consumer to set the exchange rate independently at any time during the performance of the agreement. National court which has established the unfair nature of a clause - to interpret that clause in order to neutralize its unfair character.

Dispute over the terms and conditions for repayment of a foreign currency indexed mortgage agreement that contains clauses that are alleged to be unfair.

С-358/20 of 18 November 2021

Harmonisation of fiscal legislation - Right to deduct VAT – Revocation of the VAT identification of a taxable person – Refusal of the right of deduction – Formal requirements

Key aspects of the decision in the economic range:

National legislation under which a tax authority which has revoked the VAT identification of a taxable person who has submitted VAT returns for six consecutive months in which no taxable transactions are indicated, may require that taxable person, when he or she continues his or her activities after the identification for VAT purposes has been revoked, to collect VAT without being able to re-register for VAT purposes and to benefit from the right to deduct input VAT.

Proceedings regarding the obligation imposed on P, which was refused the right to deduct input value added tax due to the revocation of its identification for VAT purposes, to pay VAT on its taxed transactions.

 

October

 

С-109/20 of 26 October 2021

Agreement concerning the reciprocal promotion and protection of investments — Arbitration proceedings — Dispute between an investor from one Member State and another Member State — Arbitration clause provided for in that agreement contrary to EU law — Ad hoc arbitration agreement between the parties to that dispute — Participation in the arbitration proceedings — Tacit expression by that other Member State of its intention to conclude that arbitration agreement — Unlawfulness

Key aspects of the decision in the economic range:

Consequences, if a Member State does not invoke the invalidity of the arbitration clause before the award is made. national legislation which allows a Member State to conclude an ad hoc arbitration agreement with an investor from another Member State that makes it possible to continue arbitration proceedings initiated on the basis of an arbitration clause whose content is identical to that agreement, where that clause is contained in an international agreement concluded between those two Member States and is invalid on the ground that it is contrary to Articles 267 and 344 TFEU.

Proceedings concerning the jurisdiction of an arbitration body which has made two arbitration awards in the context of a dispute.

С-95/20 of 28 October 2021

Markets in financial instruments - Investment firms - Assessment of appropriateness and related record-keeping obligations – Retention of records – Methods of retention – Information concerning client categorisation – Information on costs and associated charges relating to investment services

Key aspects of the decision in the economic range:

Organisational requirements and operating conditions for investment firms. Investment firms are not required to record the suitability and appropriateness assessments undertaken for each client with respect to investment products and services and the information provided to each client on the costs and charges relating to the investment services in separate single registers.

Proceedings concerning the fines imposed on a company for breach of its obligation to maintain registers on the categorisation of clients and information provided to clients on the costs and associated charges relating to investment services.

С-636/19 of 28 October 2021

Cross-border healthcare - Right to the benefits in kind provided by the Member State of residence at the expense of the Member State responsible for paying the pension - Reimbursement of the costs of healthcare received in a Member State other than the Member State of residence and the Member State responsible for paying the pension – Conditions - Concepts of ‘insured person’ and ‘Member State of affiliation’

Key aspects of the decision in the economic range:

Coordination of social security systems. Reimbursement of costs of cross-border care. The person in receipt of a pension under the legislation of a Member State, who has a right to the benefits in kind provided by the Member State of his or her residence at the expense of the Member State responsible for paying his or her pension, must be regarded as an ‘insured person’.

Concepts of ‘insured person’ and ‘Member State of affiliation’.

Proceedings between Y and Administration Office, ‘CAK’, concerning the latter’s refusal to reimburse Y for the costs relating to healthcare which she received in a Member State other than that of her residence and that responsible for paying her old-age pension.

С-909/19 of 28 October 2021

Protection of the safety and health of workers — Organisation of working time — Mandatory vocational training undertaken at the employer’s request — Concepts of ‘working time’ and ‘rest period’

Key aspects of the decision in the economic range:

Period during which workers attend vocational training required by their employer, which takes place away from their usual place of work, at the premises of the training services provider, during which they do not perform their normal duties.

Concepts of ‘working time’ and ‘rest period’.

Proceedings concerning B’s remuneration in respect of periods of vocational training undertaken under his contract of employment.

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