List of Cases by lnd15050

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									                         UK SOLVIT Success Stories

1. Market Access for Products
UK v Germany

A UK company which manufactures Marine Electronics Equipment in compliance
with the Radio and Telecommunications Terminal Equipment Directive 1999/5/EC
(R&TTE), was informed by the German licensing authorities that unless one their
products, a marine VHF with Class D Digital Selective Calling (DSC) had been
re-tested in Germany, customers would not be granted radio station licences to use it.
The product met the essential requirements of the Directive and the current
harmonised standard ( EN 300-025-3) and should have been accepted in the market.
For over a year, the company had tried to get the product on the markets and failed.
With SOLVIT’s intervention, within 10 weeks the product was accepted without
further testing. The refusal to accept the product and the need for re-testing would
have cost the company over €1,000,000.

UK v France

A UK company’s products were refused access to the French market because the
French authorities claimed that they did not comply with French consumer law. As
the products were manufactured, sold and accepted in the UK, under the Cassis-Dijon
principle they should generally be accepted in other Member States. Following
SOLVIT’s intervention, the products were accepted.


2. Tax
UK v Netherlands

A UK firm paid the Dutch authorities employment tax for workers it supplied to an oil
company. The Dutch Authorities withheld nearly €13,000 in tax which should have
been refunded to the UK firm. No response had been received to the UK firm’s
requests and no reasons were given for the delay.

Within 24 days of SOLVIT’s involvement, the administrative problems had been
resolved and the company received an apology for the delay.
UK v Spain

A UK company operating a consignment stock facility in Spain was advised by the
Spanish authorities that it had to appoint a fiscal representative in Spain to handle its
Spanish tax liability. EU legislation was amended and that was no longer a
requirement but the Spanish did not change their rules. Within 10 days of SOLVIT’s
involvement, the UK company received confirmation from the Spanish authorities
that the appointment of a fiscal representative was no longer required.

UK v Spain

A British firm was finding it impossible to get a VAT refund it was owed from the
Spanish authorities. SOLVIT helped the firm to get a rapid €98,000 refund and
interest within seven weeks.

UK v Germany

A UK software company was advised by a German client that a quarter of the
payment due to it had to be withheld and paid directly to the German Authorities as
tax. SOLVIT discovered that there was an exemption from this tax and provided
details that enabled the company to make an application under the Double Taxation
Agreement.


UK v France

A British firm had been trading successfully in France for many years. Following an
application for a tax refund, the company discovered that the French Ministry had
applied to have the firm’s assets frozen. There was no apparent reason for that action
and the firm was given no warning or notice. The action did not accord with the
terms of the Community Customs Code and SOLVIT requested an enquiry. The
French authorities confirmed that the company should not have been investigated.
The proposed legal action was dropped and the tax refunds were paid.

UK v France

A UK citizen moved to France and established a vineyard, a business that would not
make money for many years. The French authorities consistently demanded a tax on
the business every year despite assurances from a French tax lawyer that the business
did not make money and no tax should be due.

Within one week of SOLVIT’s involvement, the client was advised by the French
authorities that a mistake had been made and a revision of his circumstances would be
made.
3. Market Access for Services
UK v Spain

A UK pharmaceutical company intending to carry out drug trials in Spain was refused
an import licence. This was despite already obtaining the regulatory and ethical
approval to carry out the trials in Spain, and already carrying out the trials without
problem in other Member States. Delays could have caused the business to fail as
without full trials the product could not be sold.

SOLVIT negotiated with the Spanish authorities and obtained a resolution for the
company so that, within a very short period of time after, it received its licence.

UK v Italy

A UK-registered toxicologist, employed by companies throughout the world to assess
the safety of imported cosmetic products, found that the Italian authorities were
refusing to recognise his assessments and demanding that all products be re-tested by
an Italian toxicologist. Italian companies would not employ him if they had to pay
for double testing.

SOLVIT obtained confirmation from the Italian authorities that they would recognise
the UK toxicologist’s assessments, and he was allowed to work in Italy.


4. Right of Establishment
For 12 months the authorities in another Member State had refused to allow a UK
company to provide distribution services unless it registered the company in that
Member State. Within 3 months of being contacted, SOLVIT helped secure
agreement from the authorities that registration would not be necessary, thereby
enabling the UK company to start operating there.

UK v Poland

A UK telecommunications company wanted to provide telecommunication services in
Poland and applied for a licence to do so. They were advised by the Polish authorities
that the company had to be registered in the Commercial Register for
Telecommunications Companies and/or in the Records of Economic Activities. Both
these require registration of the company in Poland and that was in contravention of
Article 43 of the EC Treaty. With SOLVIT’s intervention, the Polish authorities not
only granted the licence but also amended their procedures to reflect Art 43

5. Recognition of Professional Qualifications
UK v Spain

A UK doctor whose qualifications fully complied with the requirements of EU
Directive, was advised by the Spanish Authorities that recognition of his
qualifications would take at least two years. The Directive provides that Member
States are only able to take four months to make such assessments. Within four
weeks of SOLVIT’s intervention, the doctor was granted permission to work as a
doctor in Spain.

UK v Spain

A fully qualified UK doctor seeking recognition of his qualifications in order to work
in the Canary Islands, found that the authorities refused to respond to his concerns
about delays with his application.

Following SOLVIT’s intervention, it was found that the delay was due to
administrative problems and the client obtained his certificates within four weeks
from the date of complaint.

UK v Spain

A UK qualified driving instructor applied to have her qualifications recognised to
allow her to work in Spain. She was given a four-year driving licence whilst
Spanish instructors are given life-time licences. Following the intervention of
SOLVIT, the Spanish Authorities granted the applicant a life-time licence.

UK v Belgium

A fully qualified UK doctor encountered significant delays with the recognition of his
qualifications. The Belgian authorities passed the responsibility from one Ministry to
another, without explanation. Within 16 days of SOLVIT’s involvement, the client
was granted his certificate.

UK v Germany

A UK hairdresser seeking to open a hairdressing salon in Munich was refused
permission on the grounds that she had not obtained certification of her training and
experience from the correct UK body.

SOLVIT advised the German Authorities that the certification provided was from the
competent body in the United Kingdom, and the client was forthwith issued with a
licence.

								
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