3 Matching Annotations
  1. May 2021
    1. Having regard to all the foregoing, the answer to the question referred is that point 14 of Annex I to Directive 2005/29 must be interpreted as allowing a commercial practice to be classified as a ‘pyramid promotional scheme’ even if there is only an indirect link between the contributions paid by new members of the scheme and the compensation paid to existing members.
    1. In the light of the foregoing, the answer to the questions raised is that Article 6(1)(c) and Article 7(f) of Directive 95/46, read in the light of Articles 7 and 8 of the Charter, must be interpreted as not precluding national provisions which authorise the installation of a video surveillance system, such as the system at issue in the main proceedings, installed in the common parts of a residential building, for the purposes of pursuing legitimate interests of ensuring the safety and protection of individuals and property, without the consent of the data subjects, if the processing of personal data carried out by means of the video surveillance system at issue fulfils the conditions laid down in Article 7(f), which it is for the referring court to determine.
    1. Having regard for all the foregoing considerations, the answer to the first and second questions referred is that Article 8(2)(d) and Article 15(1) of Directive 2008/9 must be interpreted as meaning that, where an application for a refund of VAT does not contain a sequential number of the invoice, but does contain another number which allows that invoice, and thus the good or service in question, to be identified, the tax authority of the Member State of refund must consider that application ‘submitted’ within the meaning of Article 15(1) of Directive 2008/9, and proceed with its assessment. In making that assessment, and save where that authority already has available to it the original invoice or a copy thereof, it may request that the applicant produce a sequential number which uniquely identifies the invoice and, if that request is not satisfied within the deadline of one month laid down in Article 20(2) of that directive, it is entitled to reject the application for a refund.