The Resource Use of foreign losses : the Advocate General wants to turn on the Marks & Spencer exemption, but the ECJ rejects the argument and states that EU Law constitutes rights to deduct foreign losses

Use of foreign losses : the Advocate General wants to turn on the Marks & Spencer exemption, but the ECJ rejects the argument and states that EU Law constitutes rights to deduct foreign losses

Label
Use of foreign losses : the Advocate General wants to turn on the Marks & Spencer exemption, but the ECJ rejects the argument and states that EU Law constitutes rights to deduct foreign losses
Title
Use of foreign losses : the Advocate General wants to turn on the Marks & Spencer exemption, but the ECJ rejects the argument and states that EU Law constitutes rights to deduct foreign losses
Creator
Subject
Language
eng
Summary
The article analyses - based on Advocate General Kokott's opinion in the case C-172/13 Commission v. United Kingdom, prior cases on deduction of foreign losses and the European Court of Justice's (ECJ) ruling in case C-172/13 - the option of either deducting foreign losses or rejecting the option of deducting the losses. In Advocate General (AG) Kokott's opinion in the Commission v. United Kingdom case, the Marks & Spencer exemption is set out to not fall within EU law on freedom of establishment. AG Kokott's opinion states that EU law does not require Member States to allow for foreign losses to be deducted even if it is possible within a specific Member State. The ECJ confirmed the prior ruling in case C-446/03, Marks & Spencer and states that the Marks & Spencer exemption is still a part of EU law and the freedom of establishment
Citation source
In: Intertax. - Alphen aan den Rijn. - Vol. 43 (2015),
http://library.link/vocab/creatorName
Rønfeldt, T
Geographic coverage
  • European Union
  • Europe
Language note
English
http://library.link/vocab/subjectName
  • cross-border loss relief
  • Marks & Spencer case
  • ECJ case law
  • fundamental freedoms
Label
Use of foreign losses : the Advocate General wants to turn on the Marks & Spencer exemption, but the ECJ rejects the argument and states that EU Law constitutes rights to deduct foreign losses
Instantiates
Publication
Label
Use of foreign losses : the Advocate General wants to turn on the Marks & Spencer exemption, but the ECJ rejects the argument and states that EU Law constitutes rights to deduct foreign losses
Publication

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