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Tax & Financial Standards New Judgments of the ECJ For January 2024  January

30.01.2025

Tax & Financial Standards New Judgments of the ECJ For January 2024 January

 

January

С-627/23 of 9 January 2025
Prospectus to be published when securities are offered to the public or admitted to trading – Obligation to publish a prospectus – Securities negotiable on the capital market – Shares in a holding company that may be held only by certain territorial administrative authorities of a Member State – Transfer of shares requiring the approval of the board of directors of the holding company - Concepts of ‘securities’ and “offer of securities to the public”
Key aspects of the decision in the economic range:
Dmission to trading of securities. Increase in capital. Prospectus to be published. Shares in a company that may be held only by the provinces and municipalities of a Member State and the transfer of which is subject to approval by the board of directors of that company fall within the concept of ‘securities’, such that an invitation to subscribe to such shares is subject to the obligation of prior publication of a prospectus, provided that the terms of the offer do not make the negotiability of those shares on the capital market between offerors and potential investors impossible or extremely difficult. Concepts of ‘securities’ and “offer of securities to the public”.
Proceedings concerning the lawfulness of the subscription by municipalities to a capital increase in Holding C, since that subscription was not preceded by the publication of a prospectus.
С-277/23 of 16 January 2025
Right to move and reside freely within the territory of the Member States — Income tax — Calculation of the amount of the basic personal allowance for a dependent child who has received mobility support for educational purposes in the context of the Erasmus+ programme — Taxation of grants to support the mobility of individuals covered by that regulation — Restriction on freedom of movement — Proportionality
Key aspects of the decision in the economic range:
Coordination of social security systems. Legislation of a Member State which, in order to determine the amount of the basic personal allowance to which a taxpayer parent is entitled in respect of his or her dependent child, takes into account the support for learning mobility which that child has received with the result that that parent loses the entitlement to the increase of that allowance. Mobility to a Member State with higher average living costs. Prohibition of discrimination.
Proceedings, concerning the taking into account by the tax authorities, for the purposes of calculating E.P.’s income tax allowance, of the support for learning mobility under the Erasmus+ programme received by her dependent child.
С-677/23 of 23 January 2025
Consumer protection — Credit agreements for consumers — Requirements relating to information to be included in such a credit agreement — Duty to provide information — Duration of the agreement — Annual percentage rate of charge (APRC) — Assumptions used in order to calculate the APRC
Key aspects of the decision in the economic range:
A credit agreement need not necessarily specify the duration of that agreement expressly, provided that the terms of that agreement enable the consumer to determine that duration without difficulty and with certainty. The assumptions used in order to calculate the APRC must be expressly mentioned in the credit agreement and that it is not sufficient in that regard that the consumer may himself or herself identify them by examining the terms of that agreement.
Proceedings, concerning an application for a declaration that certain terms of a credit agreement are void, and for a declaration that the credit concerned is interest-free and free of charges.
С-253/23 of 28 January 2025
Competition — Actions for damages for infringements of competition law — Right to full compensation for harm suffered — Assignment of compensation claims to a provider of legal services — National law precluding recognition of the standing of such a provider with a view to group collection of those claims — Principle of effectiveness — Concept of ‘action for damages’
Key aspects of the decision in the economic range:
Infringements of EU competition law. Group collection of claims for damages. Validity of assignments to a provider of legal services. An interpretation of national legislation that has the effect of preventing persons allegedly harmed by an infringement of competition law from assigning their rights to compensation to a provider of legal services so that it may assert them, collectively, in a stand-alone action for damages.
Concept of ‘action for damages’
Proceedings, concerning a group action for damages brought by A on the basis of compensation rights assigned to it by sawmills following an infringement of Article 101 TFEU allegedly committed by the Land and other owners of woodland.

September 2024 g.

С-550/23 of 26 September 2024
Procedures for the award of public works, supply and service contracts - Contracting authority - Application to a public contract whose estimated value is below the thresholds for the application of the Public Procurement Directive
Key aspects of the decision in the economic range:
Rules for public procurement procedures conducted by contracting authorities. National legislation under which the rules of the Public Procurement Directive and the definition of ‘body governed by public law’ contained in that directive apply to public contracts the estimated value of which is less than the thresholds for application laid down in that directive.
Proceedings concerning a violation of the rules governing public procurement when concluding a supply contract.

 


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