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Rulings of the Board of Arbitration of the Economic Agreement
Tuesday, 12 de February de 2013

Resolutions 7 & 12/2012 assert the authority of the Arbitration Panel of the Economic Agreement [Junta Arbitral del Concierto Económico] to resolve disputes between the Historical Territories of the Basque Country and the Treasury Department of the Chartered Autonomous Community of Navarre, to evaluate matters of fact determinant for the location of the effective management headquarters and the place of administrative and business management, and to draw up a joint evaluation of the evidence submitted. The same overall evaluation is made in Resolution 11/2012 after an analysis of the valid period for the filing of a dispute in cases of transfer of registered address, asserting that the period envisaged for “positive disputes” is not applicable.

 

Resolution 8/2102 sets a precedent in regard to the participation of a public administration in the procedure for checking normal market value in operations between associated bodies subject to the authority of a different administration, affirming it in an appeal to the general principles of co-ordination and co-operation contained in the Economic Agreement.

Resolution 9/2012 analyses the dies a quo for calculating the period for the filing of a “positive dispute” brought prior to the effective constitution of the Arbitration Panel, and refers it to the date on which the Panel was constituted.

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