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Equality of treatment by the ECJ since the Marks and Spencer case

 

Marketed By :  LAP LAMBERT Academic Publishing   Sold By :  Kamal Books International  
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  • Product Description
 

A dilemma faced by the Court was whether the treatment of domestic tax situations and cross-border tax situation should be the same. ECJ has several times expressed its opinions in respect of transfer of losses from one EU jurisdiction to another. The treatment of losses before and after the M&SII case is not the same due to the applicability of the extended rule of reason doctrine. The result of this was that the positions, which were more likely to be required to be treated equally within Bosal reasoning, were allowed to be treated differently. The Court has relaxed the criteria for the acceptance of justifications. In the Bosal case, the Court has rejected them purely on formal grounds. In the later cases, the Court has started accounting the fiscal interests of Member States, where their tax interests were involved; provided more in-depth analysis of grounds of public interest and introduced the possibility to invoke more than one justification; has started to respect the fiscal territorial jurisdiction of Member States, unless the issue of terminal losses arise.

Product Specifications
SKU :COC93395
AuthorVolodymyr Navrotskyy
LanguageEnglish
BindingPaperback
Number of Pages60
Publishing Year2011-02-28T00:00:00.000
ISBN978-3844312904
Edition1 st
Book TypeTaxation & duties law
Country of ManufactureIndia
Product BrandLAP LAMBERT Academic Publishing
Product Packaging InfoBox
In The Box1 Piece
Product First Available On ClickOnCare.com2015-08-14 00:00:00