January 28, 2024
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CJEU: a decision on legal certainty

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Late payment of taxes, including import taxes recalculated as a result of discrepancies detected by customs after clearance, is subject to late payment penalties and interest. The sums can be huge, especially considering that tax reassessments can be made for three years or even longer (for example, if the dispute is in court). For an idea of how long this period can be, see the relevant Court of Justice of the EU judgement. Moreover, it is a significant Court's decision impacting the landscape of Value Added Tax (VAT) and customs law within the EU. This article delves into the Court's findings, emphasizing the principles of legal certainty and effectiveness in EU law, and exploring its implications for VAT legislation and practices.
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News update
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EU law news July 2024
21-07-2024

News in week 29: classification regulation on a garment that helps to straighten the back; interpretation of CN codes 8544 70 00 and 9001 10 90 as regards optical fibre cables; provisional anti-dumping duty on imports of erythritol up to 235,6%; amendments to the regulation on anti-dumping for ceramic tiles; notice on preferential tariffs for imports of textiles from Sri Lanka; EU-New Zealand Free Trade Agreement Guidance on rules of origin; notice concerning restrictions on mercury in dental amalgam and other products in respect of Northern Ireland; labels fit for the digital age - regulation on labelling of fertilisers; updated CBAM Q&A document.

law
News update
icon
EU law news July 2024
21-07-2024

News in week 29: classification regulation on a garment that helps to straighten the back; interpretation of CN codes 8544 70 00 and 9001 10 90 as regards optical fibre cables; provisional anti-dumping duty on imports of erythritol up to 235,6%; amendments to the regulation on anti-dumping for ceramic tiles; notice on preferential tariffs for imports of textiles from Sri Lanka; EU-New Zealand Free Trade Agreement Guidance on rules of origin; notice concerning restrictions on mercury in dental amalgam and other products in respect of Northern Ireland; labels fit for the digital age - regulation on labelling of fertilisers; updated CBAM Q&A document.

law
Topic spotlight
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Bert Van Leeuwen

law, risk management
Topic spotlight
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DAP Incoterm and imports
18-07-2024

The Incoterms book addresses in the introduction the situation where the two most extreme cases, EXW and DDP, may not be the best choice. The reason is that the buyer or seller has to fulfil customs formalities in “foreign” countries. If they can – that’s fine. If not, it’s better to use another term.

Bert Van Leeuwen

law, risk management
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An Israeli court recently ruled in favour of an importer's claim against the Israeli customs authority. The court found that the classification of a protective safe used to prevent the theft of vehicle computers was in line with the importer's proposal. At the same time, the court dismissed part of the claim due to the statute of limitations.

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Case law
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An Israeli court recently ruled in favour of an importer's claim against the Israeli customs authority. The court found that the classification of a protective safe used to prevent the theft of vehicle computers was in line with the importer's proposal. At the same time, the court dismissed part of the claim due to the statute of limitations.

Omer Wagner

classification, law
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Importing chemicals: CJEU rules who bears the burden of administrative work
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Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulation is the EU’s main instrument to protect human health and the environment from the risks that can be posed by chemicals. The legislation places a registration obligation on the importer. However, the definitions of the importer and import under the REACH legislation do not align with the customs terminology. The article demonstrates what happens when discrepancies arise.

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News update
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EU law news June 2024
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law
News update
icon
EU law news June 2024
30-06-2024

News in week 26: Regulation on 'ecodesign' and digital product passport, also to be used for customs control purposes; legal acts comprising the EU's 14th package of sanctions; additional restrictive measures against Belarus; increased tariffs on imports of certain agricultural products from Belarus and Russia; amended list of sanctioned persons in respect of actions undermining independence of Ukraine; additional sanctions against Iran persons supplying drones to Russia; amendment of tariff quotas for certain agricultural and industrial products; prolongation of the safeguard measure on imports of certain steel products and repayment of duties in certain cases; corrections related to the temporary trade-liberalisation measures applicable to Ukrainian products; EU gains US market access for certain plants; updated Transitional CBAM Registry user manual for Declarants.

law
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