Krytyka Prawa. Niezależne Studia nad Prawem

The Impact of the Judgments of the Court of Justice of the European Union Following Preliminary Rulings on the Decisions Issued by the Supreme Administrative Court in Tax Cases

Mudrecki, Artur

Kozminski University

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Abstrakt

The article analyses CJEU judgments passed as a result of preliminary rulings and their impact on the judicial decisions of the Supreme Administrative Court. Admini­strative courts are highly committed to and keen on referring preliminary rulings to the CJEU, which is a noteworthy fact. In assessing the implementation of the right legal instruments, the CJEU, by way of its judgments, often grants protection to taxable persons. These judgments have often resulted in legislative changes or changes in the interpretation of legal provisions. In some cases, the previous line of judicial decisions of the Supreme Administrative Court is legitimised and proven as correct.
What deserves particular attention is the CJEU’s existing judicial practice of dealing with tax law abuse cases, which is used by the SAC when examining cases involving tax carousels.

Metadane

Czasopismo Krytyka Prawa. Niezależne Studia nad Prawem 
Tom 16 
Numer 4 
Data wydania 12/2024 
Typ Article 
Język en
Paginacja 283–297
DOI 10.7206/kp.2080-1084.734
ISSN 2080-1084
eISSN 2450-7938