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Publishers Abstract:
Odd as it may seem, but a judicial dispute on tax losses apparently resulted in a major international advertising campaign for the claimant company. A case brought by the well-known UK retailer Marks and Spencer plc (hereafter: M&S) triggered an unprecedented immense media attraction at all levels of proceedings and even caught the eye of US commentators. The uncertain outcome of the case could indeed have had important consequences for fisci and taxpayers not only in the UK but throughout the EU. Taking the limited scope of application remaining for a claim for cross-border loss relief based on Article 43, 48 EC into consideration, the ECJ's M&S decision is a pyrrhic victory -- not only for the plaintiff but also for all other taxpayers in a similar situation. Yet there is life beyond M&S, and not all questions have been answered by the Court since not all potential queries were addressed during the procedure.
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