Market leading insight for tax experts
View online issue

The CJEU’s third judgment in FII GLO

Speed read

The CJEU’s third judgment in FII GLO shows that the requirement on a member state to give adequate prospective notice, including a reasonable period for relevant claims to be made, when that state shortens the claims time period, applies equally where there are two (or more) alternative claims routes. This is consistent with the CJEU’s case law on substantive tax issues where the taxpayer has options: both (or all) of those options must individually be EU law compliant. The consequences of the decision are that extended time limit common law mistake of law restitutionary tax claims that could have been made within a reasonable period from 8 September 2003 should now be allowed. However, given pending FA 2013 overpayment relief rules changes for EU law claims, common law claims not already made should be made by 16 January 2014 at the latest.

If you or your firm subscribes to Taxjournal.com, please click the login box below:

If you do not subscribe but are a registered user, please enter your details in the following boxes:

Alternatively, you can register free of charge to read a limited amount of subscriber content per month.
Once you have registered, you will receive an email directing you back to read this article in full.
Please reach out to customer services at +44 (0) 330 161 1234 or 'customer.services@lexisnexis.co.uk' for further assistance.
EDITOR'S PICKstar
Top