The Prohibition of Inconsistent Behavior
Introduction The principle of the prohibition of inconsistent behavior (venire contra factum proprium), which first appeared in Roman law and evolved over the centuries, has now found its place in the “rule of honesty,” which is a fundamental concept of modern legal systems. The rule of honesty, which can be defined as the behavior expected …
The Council of State’s Decision on Notice Payments Under a Mutual Rescission Agreement
Introduction The decision of the Council of State Board of Tax Law Chambers, dated 27.01.2021 and numbered 2020/17 E. 2021/2 K. (“Decision”) given upon the request to resolve the conflict between different Regional Administrative Courts was published in the Official Gazette dated 09.09.2021 and numbered 31593. In this article, the legal context of the Decision, …
Recent Rulings of the Turkish Tax Administration Regarding the Stamp Tax
Introduction The stamp tax, introduced based on the principle of taxation of papers that constitute the ground of legal transactions, has existed in our country’s tax system since the 1800s. In the preamble of the current Stamp Tax Law (“STL”) No.488, accepted on 01/07/1964, it is stated that the previous stamp tax law could not …
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Komstroy Decision: End of an Era for Intra – EU ECT Arbitration or Not?
Introduction The Court of Justice of the European Union (“CJEU”) in the Republic of Moldova v. Komstroy LLC (“Komstroy”) rendered a contentious decision which is likely to create controversies on intra-EU arbitrations governed under the Energy Charter Treaty (“ECT”).[1]
EFET General Agreement Concerning the Delivery and Acceptance of Electricity
Introduction The European Federation of Energy Traders (“EFET”) is an Amsterdam-based organization established in 1999 for promoting competition, transparency and open-access in the energy sector.[1] In addition to its activities concerning energy regulation and fostering competition in the energy sector, EFET has published standard agreements for wholesale electricity and gas trading. EFET’s General Agreement Concerning …
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Coca Cola’s Commitments in the Recent Competition Investigation
Introduction A commitment procedure has only recently been introduced to Turkish competition law practice. The procedure was instituted on 16.06.2020 with the amendment to Law No.4054 on the Protection of Competition, and has been utilized for over a year now. In this brief time frame, although the recent Coca Cola Satış ve Dağıtım A.Ş. (“CCSD”) …
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TRADE OF DUAL-USE ITEMS: NEW EU RULES ADOPTED
Regulation (EU) 2021/821, of 20 May, setting up a new Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items and reformulating the previous regime provided for by Regulation (EC) 428/2009, of 5 May 2009, entered into force on 9 September 2021.
WTH NON-EU FUNDS
WHT applicable to dividends obtained in Portugal by non-EU investment funds.
COURT DECLARES “ZERO TARIFF” OPTIONS ILLEGAL
The Court of Justice of the European Union declares “zero tariff” options contrary to the European Union legislation.
ACCESSION OF ANGOLA TO THE WASHINGTON CONVENTION (ICSID CONVENTION)
The National Assembly of Angola approved Resolution No. 63/21, of September 1st, which approves Angola’s accession to the Convention for the Settlement of Disputes arising from Foreign Investment Contracts between States and nationals of others concluded in 1966, also known as the “Washington Convention” or as the “ICSID Convention”.