Examples of using Thin cap in English and their translations into Slovak
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Colloquial
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Official
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Medicine
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Financial
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Ecclesiastic
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Official/political
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Computer
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Programming
MSs should thereforenot be precluded from applying CFC and thin cap rules in relation to third countries.
In Thin Cap the ECJ acknowledged that measures to prevent thin capitalisation are not per se impermissible.
The use of helmets is mandatory; layered clothing, thin cap in the winter and comfortable gloves are recommended.
Those provisions confer rights on individuals(Test Claimants in the FII Group Litigation, paragraph 211,and Test Claimants in the Thin Cap Group Litigation, paragraph 117).
The Commission would like to see thin cap rules abolished or at least changed to exclude agreements with lenders in other Member States.
CASE C-201/05 claimed flows sufficiently directly from the breach of Community law to render the State liable to make it good(Test Claimants in the FII Group Litigation, paragraph 218,and Test Claimants in the Thin Cap Group Litigation, paragraph 122).
The Commission considers that the principles laid down by the ECJ in relation to thin cap rules also apply to transfer pricing rules, which are essential to the continued existence of individual national tax systems.
Similarly, MSs' thin cap rules are directed exclusively at group debt financing arrangements, i.e. they are only applied in situations where a foreign shareholder holds a substantial participation in the resident subsidiary.
That also includes losses constituted by the unavailability of sums of money as a result of a tax being levied prematurely(Test Claimants in the FII Group Litigation, paragraph 205,and Test Claimants in the Thin Cap Group Litigation, paragraph 112).
It follows from Cadbury and Thin Cap that, for the purposes of determining whether a transaction represents a purely artificial arrangement, national anti-abuse rules may comprise'safe harbour' criteria to target situations in which the probability of abuse is highest.
CASE C-201/05 serious, and that there must be a direct causal link between the breach of the obligation resting on the State and the loss or damage sustained by the injured parties(Test Claimants in the FII Group Litigation, paragraph 209,and Test Claimants in the Thin Cap Group Litigation, paragraph 115).
The Commission shares the view of Advocate General(AG) Geelhoed who, in Thin Cap, opined that the setting out of reasonable presumptive criteria contributes to a balanced application of national anti-abuse measures as it is in the interest of both legal certainty for the taxpayers, and workability for tax authorities16.
TEST CLAIMANTS IN THE CFC AND DIVIDEND GROUP LITIGATION of the provisions of the EC Treaty on the free movement of capital(see, to that effect, Baars, cited above, paragraph 22; Cadbury Schweppes and Cadbury Schweppes Overseas, paragraph 31;and Test Claimants in the Thin Cap Group Litigation, paragraph 27).
The above-cited judgments in Cadbury Schweppes and Cadbury Schweppes Overseas, Test Claimants in Class IV of the ACT Group Litigation,Test Claimants in the FII Group Litigation and Test Claimants in the Thin Cap Group Litigation were communicated to the referring court by letter of 3 April 2007, so that it could inform the Court whether, in the light of those judgments, it wished to maintain its reference for a preliminary ruling.
TEST CLAIMANTS IN THE CFC AND DIVIDEND GROUP LITIGATION had not applied for a tax advantage which national law denied them, with a view to challenging the refusal of the tax authorities by means of the legal remedies provided for that purpose,invoking the primacy and direct effect of Community law(Test Claimants in the Thin Cap Group Litigation, paragraph 125).
Test Claimants in the Thin Cap Group Litigation concerned legislation of a Member State which restricts the ability of a resident company to deduct, for tax purposes, interest on loan finance granted by a direct or indirect parent company which is resident in another Member State or by a company which is resident in another Member State and is controlled by such a parent company, but does not impose that restriction on loan finance granted by a company which is also resident.
It is further necessary, in such a case, that its application be appropriate to ensuring the attainment of the objective in question and not go beyond what is necessary to attain it(see Case C-446/03 Marks& Spencer[2005] ECR I-10837, paragraph 35; Cadbury Schweppes and Cadbury SchweppesOverseas, paragraph 47; and Test Claimants in the Thin Cap Group Litigation, paragraph 64). 28.
The Court also made clear that, in order to determine the loss or damage for which reparation may be granted, the national court may inquire whether the injured person showed reasonable diligence in order to avoid the loss or damage or limit its extent and whether, in particular, he availed himself in time of all thelegal remedies available to him(Test Claimants in the Thin Cap Group Litigation, paragraph 124).
Secondly, where, at the time when it committed the infringement, the Member State in question had only considerably reduced, or even no, discretion, the mere infringement of Community law may be sufficient to establish the existence of a sufficiently serious breach(Test Claimants in the FII Group Litigation, paragraph 212,and Test Claimants in the Thin Cap Group Litigation, paragraph 118).
In the circumstances of the present case, such expenditure is the result of decisions taken by the claimants in the main proceedings and cannot therefore constitute, on their part, an inevitable consequence of the application of the United Kingdom tax legislation on dividends and CFCs(see, to that effect, Test Claimants in the FII Group Litigation, paragraph 207,and Test Claimants in the Thin Cap Group Litigation, paragraph 113).
It is therefore for the national court to determine whether the expenditure referred to in paragraph 114 of the present order represents, in the case of the companies concerned, financial losses suffered by reason of a breach of Community law for which the Member State in question is responsible(see, to that effect, Test Claimants in the FII Group Litigation, paragraph 208,and Test Claimants in the Thin Cap Group Litigation, paragraph 114).
In the present case, in order to determine whether a breach of Article 43 EC or Article 56 EC committed by the Member State concerned is sufficiently serious, the national court must take into account the fact that, in a field such as direct taxation, the consequences arising from the freedoms of movement guaranteed by the Treaty have been only gradually made clear(Test Claimants in the FII Group Litigation, paragraph 215,and Test Claimants in the Thin Cap Group Litigation, paragraph 121).
On any view, the Court has already stated that a breach of Community law will clearly be sufficiently serious if it has persisted despite a judgment finding the infringement in question to be established, or a preliminary ruling or settled caselaw of the Court on the matter, from which it is clear that the conduct in question constituted an infringement(Test Claimants in the FII Group Litigation, paragraph 214,and Test Claimants in the Thin Cap Group Litigation, paragraph 120).
Those factors include, in particular, the clarity and precision of the rule infringed, whether the infringement and the damage caused were intentional or involuntary, whether any error of law was excusable or inexcusable, and the fact that the position taken by a Community institution may have contributed to the adoption or maintenance of national measures or practices contrary to Community law(Test Claimants in the FII Group Litigation, paragraph 213,and Test Claimants in the Thin Cap Group Litigation, paragraph 119).
Requirements: fitness of mediocre tourist. Equipment: mountain shoes, spare clothes, sweater, anorak,summer cap, thin gloves, trousers, food and drinking for all day.
Cristi S2 I have noticed is the worst on the battery cover, I was seeing sal vodafone todayand they pulled the wall lam jumped all ala cap thin s2 failed battery cover has a bug in it's rest OK.