In 2012, the European Commission referred the United Kingdom to the Court of Justice of the European Union because it believed that the UK had failed to properly implement the court's decision in the Marks and Spencer case (C-446/03): see here. Whilst the UK had made to changes to its regime for group loss relief, the Commission argued that the principle of freedom of establishment was still infringed. Yesterday the court gave its decision and rejected the Commission's arguments: see Commission v United Kingdom (C-172/13), a press summary of which is available here (pdf).
Wednesday, 4 February 2015
Europe: CJEU rejects Commission's argument regarding UK's group loss relief rules
In 2012, the European Commission referred the United Kingdom to the Court of Justice of the European Union because it believed that the UK had failed to properly implement the court's decision in the Marks and Spencer case (C-446/03): see here. Whilst the UK had made to changes to its regime for group loss relief, the Commission argued that the principle of freedom of establishment was still infringed. Yesterday the court gave its decision and rejected the Commission's arguments: see Commission v United Kingdom (C-172/13), a press summary of which is available here (pdf).
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