News

29.05.2026

Tax & Financial Standards New Judgments of the ECJ For May 2026

Tax & Financial Standards New Judgments of the ECJ For May 2026

May

C-225/25 of 13 May 2026

Company law — Takeover bid — Squeeze-out of holders of securities — Offer made by a person controlling the offeree company — Lack of voluntary nature of the takeover bid — Concepts of „takeover bid“ or „bid“

Key aspects of the decision in the economic range:

Protection of minority shareholders, the mandatory bid and the equitable price. An offer made to the holders of the securities of a company with a view to acquiring all or some of those securities does not constitute a voluntary bid falling within the concept of ‘takeover bid’, where it is made by an offeror who already controls the offeree company.
Concepts of „takeover bid“ or „bid“.
Proceedings, concerning the assessment of the validity of a decision of the xtraordinary general meeting of a company S, pursuant to which all the shares held by its minority shareholders were to be transferred to its majority shareholder, M.

C-603/24 of 13 May 2026

Taxation — Supply of services effected for consideration — Intra-group relationships — Adjustments of the transfer prices of motor vehicles between manufacturers and distributors — Account taken of the after-sales costs of repair of those vehicles incurred by the distributors — Existence of a direct link between the supply of services and the consideration actually received — Existence of a legal relationship pursuant to which there is reciprocal performance — Concept of „supply for consideration“

Key aspects of the decision in the economic range:

Consideration in respect of a ‘supply of services effected for consideration’ within the meaning of the Sixth VAT Directive, set out in an agreement concluded between the companies belonging to the same group, evidenced by a credit or debit note and calculated on the basis of the costs incurred by the acquiring company in connection with the repair. Supplies between affiliated undertakings. Adjustment of the intra-group sale price based on the warranty costs and operating costs incurred by the purchaser. Adjustment of the price of a supply as a separate supply of services effected for consideration. Relevance, for the purposes of value added tax law, of adjustments of a transfer price.
Concept of „supply for consideration “.
Proceedings, concerning the liability to value added tax of supplies of repair services for motor vehicles that GMP provided to other companies of the General Motors group which operates in the motor vehicle sector.

April

C-191/25 of 30 April 2026

Competition — Agreements, decisions and concerted practices — Right to full compensation for harm caused by a cartel — Payment of interest — Temporal application of national transposition provisions – Determination of the date from which interest is due – Time when the harm occurred in the case of the acquisition of goods at inflated prices

Key aspects of the decision in the economic range:

Compensation for harm caused by infringements of Union competition law. For the purposes of full compensation for harm caused by a cartel consisting in concluding collusive agreements leading to the sale of goods at inflated prices, the date on which that harm occurred, from which interest is payable, is the date on which the circumstance occurred.
Proceedings concerning compensation for harm caused by an infringement of Article 101(1) TFEU.

C-544/24 of 30 April 2026

Common system of value added tax — Obligations deemed necessary to ensure the correct collection of VAT and to prevent fraud —  National legislation providing for a set of rules in respect of default interest relating to VAT arrears —  Charging of default interest — Principle of proportionality

Key aspects of the decision in the economic range:

Obligations deemed necessary to ensure the correct collection of VAT and to prevent evasion. National legislation providing for a procedure for applying late payment interest on VAT arrears which, irrespective of the nature and severity of the infringement, includes a set fixed penalty part with no possibility for the tax authority to reduce the amount of that penalty part. Principle of proportionality.
Proceedings between a company and the State Inspectorate concerning the decision to refuse the exemption in respect of the payment of default interest relating to value added tax and a penalty imposed on it for tax fraud.