ECOFIN Council’s failed political agreement on the latest draft of the EU Pillar 2 Directive
On 12 March 2022, an amended draft compromise text of the EU directive on Pillar Two (Directive) was published. This text includes numerous amendments to the version of 22 December 2021. The amended draft was discussed by the Economic and Financial Affairs Council (ECOFIN) on 15 March 2022 and failed to reach political agreement.
ECOFIN Council reaches political agreement on Carbon Border Adjustment Mechanism (CBAM)
On 15 March 2022, the ECOFIN Council reached political agreement on a general approach for the Carbon Border Adjustment Mechanism (CBAM) regulation, which is one of the key elements of the European Union’s ‘Fit for 55’ package.
CJ judgement on the compatibility of Bulgarian withholding tax on fictitious interest with EU law (Viva Telecom Bulgaria)
On 24 February 2022, the European Court of Justice (CJ) delivered its judgement in the case Viva Telecom Bulgaria (C-257/20). The case regards the compatibility of a Bulgarian withholding tax on fictitious interest with EU law.
CJ judgement on the application and compatibility of GDPR with a request of information addressed to an internet advertising company in relation to its clients (SS SIA)
On 24 February 2022, the CJ decided the case SS SIA (Case C-175/20) which concerns the application and compatibility of Regulation (EU) 2016/679 (“GDPR”) with a request of information issued by the tax authorities of Latvia to an internet advertising company in relation to information held by the latter in relation to its clients.
AG Medina’s opinion on German VAT grouping scheme (Norddeutsche Gesellschaft für Diakonie mbH)
On 13 January 2022, the opinion of AG Medina was published in the case Norddeutsche Gesellschaft für Diakonie mbH (C-141/20). In her opinion, the AG analyzes if the German VAT Group regulations, in which the parent company is considered a single taxable person and the other VAT group members lose their status as separate VAT taxable persons (“Organschaft”), are compatible with the EU VAT Directive.
AG Medina’s opinion on benefits-in-kind between members of VAT group (Finanzamt T)
On 27 January 2022, the opinion of AG Medina was published in the case Finanzamt T (C-269/20). The case is about the German interpretation of the VAT Grouping Scheme and, particularly, about benefits-in-kind received by a member of a VAT group.
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