ADVOCATE GENERAL GIVES OPINION ON M&S EXCEPTION

摘要

The Advocate General (AG) has published an opinion that restrictive conditions for claims to group relief by a UK parent company for losses incurred in respect of the non-UK activities of European Economic Area (EEA) subsidiaries is not contrary to the EU principle of freedom of establishment in European Commission v United Kingdom of Great Britain and Northern Ireland (Case C-172113).The opinion concerns the European Commission's infringement proceedings against the UK in respect of the lawfulness of the cross-border group relief provisions that were introduced by Finance Act 2006 following the decision in Marks & Spencer plc v Halsey (HMIT) (Case C-446/03).