UK: European Commission requests that the UK properly implement M&S v Halsey, C-446/03, ECJ

The European Commission has requested that the UK Government properly implement the European Court of Justice's decision Marks and Spencer plc v Halsey (Case C-446/03). The Commission notes that although the UK has amended its legislation in the light of the ECJ's decision, conditions are still imposed on the availability of cross border group relief which make it impossible or virtually impossible for a UK parent company to obtain tax relief in respect of losses incurred by a subsidiary in another Member State. For further information click here.