Thierry GranturcoAvocat à la Cour - Barreaux de Paris & de Bruxelles

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Professional drivers withdrawal of driving licenses and working conditions in France

Following the loss of his driver’s license points, a messenger who informed his employer was laid off from his job. The Court of Appeal of Paris attributes the tort to the employer. The Agreement of 13 November 1992 on the penalty point on driving licenses (Art. 2) that applies to …

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Transport of passengers versus competition law

The French Competition Authority has decided after a year-long public consultation process to issue a notice on the regular interregional bus market. In this notice the independent administrative authority makes a number of recommendations, which should encourage a form of mobility that appears to be still little developed in France. …

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Use of Tachograph and data privacy in France

The use of a tachograph being an obligation criminally sanctioned, the lack of declaration to the French National Commission for Information and Liberties (NCIL) of this personal data collection system does not make the information collected an illicit body of evidence regarding the actions of employees.

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Transport of counterfeit goods, the impact of the new European regulation

The new European regulation on the control by customs authorities of intellectual property rights came into existence on the 12th June 2013 and applies in all Member States since the 1st January 2014. Long awaited, the new European regulation on the control by customs authorities of the respect for intellectual …

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New definition criteria for classic vehicles

Antiques, art or collectables are not included in the tax base for the Solidarity Tax on Wealth (hereafter ISF in its French acronym – CGI (General Taxation Code), article 885 I). Vehicles that may benefit from this exoneration are defined by the French administration according to the same criteria as …

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New tax legislation in the Netherlands of second hand vehicles

More precision on the tax on second car motor vehicles and in particular on the transitional regime in the event of a tax increase in order to take into account C02 emissions. Within the framework of a case on the compatibility of article 110 TFEU with the Dutch passenger vehicle …

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The environmental and tax legislations for second hand vehicles in Romania do not comply with the EU rules

A fresh condemnation of the Romanian system of ecological taxation of second hand imported vehicles and a new refusal to limit the scope of the judgement in time. CJEU, Gde Ch., ord., 3 Feb. 2014, joint cases C-97/13, Silvia Georgiana Câmpean v Administratia Finantelor Publice a Municipiului Medias, Administratia Fondului …

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The taxation rules of vehicles owned by Belgian residents working abroad is illegal

The Dutch tax on passenger vehicles and motorcycles (the Motorised Vehicle Tax, hereafter MV tax) has been a frequent issue before the court in recent years, with a number of preliminary rulings issued by the court (see CJEU, 27th April 2012, case C-114/11 Notermand-Boddenberg. – CJEU, 26th April 2012, case …

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Do leisure trucks need to be equiped with tachograph ?

This judgment is good news for heavy goods vehicles owners used for non-professional purposes: tachographs, recording disks or drivers licences which were rendered mandatory by regulation (EC) No° 561/2006 EC (EP and Council regulation (EC) no° 561/2006, 15th March 2006) do not apply for drivers carrying out goods transport by …

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