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Court Rules Tactical Management of DSO-LV as Economic Activity Not Governed by Public Authority

  • Tactisch beheer DSO-LV is considered an economic activity by Hof Arnhem-Leeuwarden
  • X, a public law body, manages the Digital System Environmental Law national provision under the Minister of Internal Affairs
  • X is granted exclusive rights to ensure functioning national provisions and is compensated on a cost-covering basis
  • The court finds that X does not act as a government entity in managing DSO-LV despite being a public law body
  • The choice of X over private parties does not negate the presence of a market
  • The cost-covering compensation received by X does not influence its classification as a non-governmental operation
  • The legal responsibilities of the minister have not been transferred to X
  • The higher appeal by the inspector is justified and successful

Source: taxlive.nl

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.

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