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Archive for the ‘European Laws’ Category

The procedures for European subsidies can be simplified

Thursday, April 1st, 2010

European subsidiesOn 21 April the European Parliament will decide whether a vote to simplify procedures for granting European subsidies. Indeed, the idea of simplifying the procedures are set out in his report, among them a proposal and spending from 2007 to deferred benefit in the coming years. “Not only for Bulgaria, for many of the member states in 2007 was year where very few vehicles were acquired. Create a situation – the Member States not to lose these funds are requested for 2007, but rather spend rescheduled in the coming years with one-sixth of the amount that had to be, for example, absorbed in 2007. So this rule, people who work with projects you know, in this case, mining is one exception. In all cases, these funds will be lost but will be transferred to subsequent years of seven-year period”, said Kirilov.
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European procedure for small claims interest

Monday, March 15th, 2010

courtroomEPImmI apply to cross-border disputes in civil and commercial matters, the value of the claim in 2000 that does not exceed EUR. EPImmI apply from 2009 in all Member States except Denmark and is provided as an alternative to national judicial proceedings for EU citizens.
Law Regulation (EC) № 861/2007 of the European Parliament and Council of 11.07.2007 establishing a EPImmI
SUMMARY
EPImmI allows for better legal protection, through strict rules for resolving disputes in civil and commercial matters within the EU and reduce costs. The date of submission of application (Form A, Annex I) in the competent court, the amount of the claim, without interest, costs and expenses should not exceed 2000 EUR. The decision of the competent court under Regulation (EC) № 861/2007 is recognized in other Member States and enforceable without the need for a declaration of enforceability. EPImmI an option provided for in national laws of Member States’ legal remedies.
EPImmI with effect from 1.1.2009, in all Member States except Denmark.
Introducing EPImmI
Participation in EPImmI lawyer is not required. The procedure is performed in the following order:
Claiming
The applicant may lodge its application under the procedure of EPImmI directly to the competent court if the value of his claim is less than 2000 EUR. In Annex I of the Regulation is to set out a model for application in the completion of which shall be entered particulars of the nature of the dispute, the value of the claim and others. Duly completed application should be submitted to the procedure laid down in each Member State concerned. If the application is not eligible for consideration under EPImmI (see below), the court shall notify the applicant. Applicant if the applicant does not withdraw the application filed, the court applied it to the relevant procedural rules of the Member State which initiated the proceedings.
Repair and / or amend the application
In the event that provided by the applicant in the application data are not sufficient, the court shall send the applicant Form B (Annex II), with instruction in a court deadline to complete and / or correct its application. If the applicant does not rectify and / or supplement its application within the prescribed period, the court returns or rejects the application. The same applies to inadmissible or manifestly unfounded claims.
Service of the application of the defendant.
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The employer may not refuse leave for the past years

Sunday, March 14th, 2010

HolidayThe employer can not refuse to provide paid annual leave are accrued for previous years. The leave will be calculated by the same employer charged at a daily average gross salary for the last month prior to its use in exhaust you at least 10 working days.
The employer is obliged to allow paid annual leave by the end of the calendar year concerned, unless its use is delayed due to important reasons, or production employee – when using another type of leave at his request or with the consent of the employer.
Employees below 18 years of age, and mothers with children under 7 years old enjoy their vacation in the summer, at their request – and at another time of year except in cases where the employer has the right to provide paid annual leave employee without his consent.
When the leave is postponed or is not used until the end of the calendar year for which the employer is obliged to ensure its use next year but not later than six months from the end of the calendar year, which is due . Where the employer has not authorized the use of leave in those terms, the employee is entitled alone to determine the time of its use, by notifying the employer in writing at least two weeks in advance.
Any unused amount of paid annual leave may be used by the employee to termination of employment with that employer.
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Tax relief for young families

Saturday, March 13th, 2010

AppartmentIndication on the application of article 22 of the Law on taxes on personal income tax on individuals with a common tax base for fiscal year 2009 (tax relief for young families).
Subject: Application of Art. 22a of the Law on taxes on personal income tax on individuals with annual tax on the total tax base for 2009 in connection with numerous inquiries received at the NRA HQ in order to ensure uniformity of practice in applying the Law on income taxes of individuals (PITA), pursuant to Art. 10, para. 1, item 10 of the Law on the National Revenue Agency, express the following opinion: The Law on amendment and supplement of PITA (promulgated, SG. 95/2009, in force from January 1, 2010) were repealed provisions of Art. 22a and art. 23, section 5 of the law, but they are applicable to annual income tax acquired in 2009 of these new texts tax regulations adopted by § 67 of the TFP of the State Budget Law of the Republic of Bulgaria for 2010 (Prom ., SG. 99/2009 on), in force since January 1, 2010, ie they will apply to income acquired after that date. Pursuant to Art. 22a of PITA in the wording of the law in force in 2009, the amount of annual tax bases of art. 17 is reduced during the year with interest payments on the first EUR 100 000 mortgage, where the following conditions: the contract of mortgage credit has been concluded from the taxpayer and / or spouse with whom / which they have entered into civil marriage. taxpayer and / or spouse have not reached 35 years of age at the date of the contract for a mortgage loan, mortgaged housing is housing for the family only during the tax year. Given the wording of Art. 23, section 5 of PITA, also in the wording of the law in force in 2009, tax relief may benefit from filing an annual return of art. 50 of the Act apply to persons that copies of the following documents: certificate of marriage, a reference to the wealth of borrowers, the mortgage loan agreement, repayment plan, certified by the bank creditor and documents evidencing payments made. In applying these rules is necessary to consider the following features: 1. In the current legislation does not define the term used in PITA “mortgage loan”, so that in connection with the use of tax relief for young families should be added the usual sense of that term. On the other hand, the condition mortgaged home is only for family housing in fiscal year (Article 22a, section 3 of PITA) can be concluded that the mortgage loan is for acquisition of housing (housing loan).
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RapidShare threatened from new fines

Tuesday, March 9th, 2010

RapidShareIPKat reported news that the P2P site RapidShare is threatened by new multi-million fines.
The court in Hamburg, Germany condemned the company in 2009 to pay 24 million euros damages for breach of copyright and related rights to over 5000 music distributed through the site.
Now many producers and publishers as John Wiley, Cengage and McGraw-Hill RapidSaher requested by the court to stop the spread of 148 copyrighted works.
According to the court the company needs to monitor what its users upload as strength and to prevent such infringing copyright and related rights.
In a series of regulations and legislation in Europe, America seeks to limit the copyright infringements and to destroy the easiest access to movies and music based on sharing.
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Ferrari suspended Damler advertising for copyright infringement

Saturday, March 6th, 2010

SmartMarques Class 46 reported an interesting news on the strife between Ferrari and Daimler.
German car-maker Daimler launched an advertising campaign for its model Smart.
In the video ad to link the two-seater luxury sports cars and Smart, who is also Gladstone. For this purpose, in the video display sports cars such as Lamborghini Gallardo, Porsche GT and Ferrari Enzo.
Opposition intellectual property of Ferrari, who is known for its serious work to protect the rights of the company, naturally sent a warning letter to Daimler with a request to stop advertising.
Daimler returned a reply that will stop broadcast video and over time will renew and instead will show a red Ferrari red Mercedes SLS.
Albeit slightly comical this case demonstrates how should resist the intellectual property rights. Ferrari is an example of how a brand with good image defend their rights in all directions.
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