Friday, November 11, 2011

This Week in Luxembourg

Portugal lost another golden shares case, this one concerning its golden share in Oil and Gas Company GALP Energia SGPS SA. Commission v. Portugal

In Rank Group, the ECJ gave some interesting guidance on Fiscal Neutrality and gambling, without actually answering whether the UK was permitted to exempt certain games of chance from VAT but not others.

More taxation fun: If mineral oils used for navigation are exempt from excise duties (art. 8(1)(c ) of Directive 92/81), what about the oil used to fuel an on-board excavator that is fixed to the ship but has its own engine? The Court ruled that it does not get to enjoy the exemption. Sea Fighter

In the category of HUH???, there is the case of Idromacchine and others v. Commission (DE, FR, IT). What happened is that the Commission mentioned the plaintiffs by name, and in a not entirely flattering way, in a state aid decision against Italy. So they sued the Commission in defamation and now won € 20.000 in damages.

Finally, it might be useful to note that on October 27, the Council has released its report on its performance in the Court in the first half of 2011. That is to say: all cases that it was a party to. Link

P.S. the archive of these emails is here.

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