header-logo header-logo

Tax

11 April 2014
Issue: 7602 / Categories: Case law , Law digest , In Court
printer mail-detail

Felixstowe Dock and Railway Co Ltd & other companies v Revenue & Customs Commissioners C-80/12, [2014] All ER (D) 09 (Apr)

Freedom of establishment, which Art 49 of the TFEU granted to EU nationals, included the right for them to take up and pursue activities as self-employed persons and to set up and manage undertakings under the conditions laid down for its own nationals by the law of the member state where such establishment was effected. It entailed, in accordance with Art 54 TFEU, for companies or firms formed in accordance with the law of a member state and having their registered office, central administration or principal place of business within the EU, the right to exercise their activity in the member state concerned through a subsidiary, a branch or an agency (see [17] of the judgment). 

Articles 49 TFEU and 54 of TFEU should be interpreted as precluding legislation of a member state under which it was possible for a resident company that was a member of a group to have transferred to it losses sustained by

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll