Has the Case Law of the ECJ on Final Losses Reached the End of the Line?

Journal
Lang, M.
European Union
European Taxation 2014 (Volume 54), No. 12
Format/Price
JournalUSD 45

The author traces the development of ECJ case law on final losses beginning with Marks & Spencer, wherein the Court held that foreign losses only need to be taken into consideration in exceptional cases, and culminating in a series of cases that have so restricted loss utilization that virtually no possibilities remain. The author highlights the practical questions that have arisen in this regard and suggests possible solutions.