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Juan Manuel Vázquez, Jorn Steenbergen, Gino Sparidis, Bram Middelburg
CJ rules on Luxembourg State aid case (Fiat Chrysler Finance Europe v Commission - Ireland v Commission, Joined Cases C-885/19 P and C-898/19 P)
On 8 November 2022, the CJ delivered its judgment in the case Fiat Chrysler (Joined Cases C-885/19 P and C-898/19 P). In its judgment, the Court set aside the EU General Court’s judgment of 2019 and annulled the Commission’s decision of 2015.
ECOFIN amends the Code of Conduct for Business Taxation
On 8 November 2022, the Economic and Financial Affairs configuration of the Council of the European Union (ECOFIN) approved a Revised Code of Conduct for Business Taxation. This is the first revision of such Code of Conduct since 1997.
CJ rules on deductibility of final losses incurred by a non-resident permanent establishment (W AG, C-538/20)
On 22 September 2022, the CJ delivered its judgment in the case W AG (C-538/20). The case concerns the deduction of final losses in Germany incurred by a UK permanent establishment (PE) in the situation in which Germany has waived its power to impose taxes under a double taxation convention (DTC).
Council adopts Regulation on an emergency intervention to address high energy prices
On 6 October 2022, EU Member States formally adopted the Council Regulation on an emergency intervention to address high energy prices. This regulation introduces a common and interdependent set of measures to reduce electricity demand and to collect and redistribute the energy sector's surplus revenues to households and small and medium-sized enterprises.
CJ rules that no right exists to recover VAT for holding company on costs that are used to provide capital contribution in kind to subsidiaries (W GmbH, C-98/21)
On 8 September 2022, the CJ delivered its judgment in the case W GmbH (C-98/21). The CJ ruled that a holding company cannot recover the input VAT on costs used to provide a capital contribution in kind to its subsidiaries.
CJ rules on obligation to repay VAT previously recovered when intended VAT taxed activities fail to materialize (UAB Vittamed technologijos, C-293/21)
On 6 October 2022, the CJ delivered its judgment in the case UAB Vittamed technologijos (C-293/21). The Court ruled that the input VAT deducted based on the intention to perform VAT taxed economic activities, has to be paid back when this intention ceases to exist.
