The decision in the Marks & Spencer case will be given on December 13.
The case, one of six group litigation orders brought against the UK
government aimed at claiming back billions in tax, concerns whether or not
companies can claim losses incurred in EU subsidiaries back against UK tax, as
they would be able to with UK subsidiaries.
M&S is trying to claim back about £30m of losses against its UK
liabilities for losses incurred in France in particular.
The European Court of Justice has been considering the case since April of
this year, and a decision had been expected in October, leading many to
speculate that the court was minded to either overturn the advocate general’s
view on the case, or was at least grappling with some of the more difficult
The advocate general had argued that losses might not be claimable if they
could be claimed in the country they were incurred in, or had been claimed
elsewhere, although there remains some uncertainty on what was meant by the
Lawyers have predicted that a decision in favour of M&S could provoke
even more claims for the group reliefs.
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