Market leading insight for tax experts
View online issue

Conforming Construction, Pt 2

 
In the second of three articles Graham Airs of Slaughter and May argues that the English courts have misapplied the principle of conforming construction in interpreting the VAT Directive and rulings of the ECJ
 
This is the second of three articles considering the principle of conforming construction and the alternative approach of EC law override or disapplication of domestic law.
Tax is not a civil liability
 
As argued in the previous article there is no authority that could have justified the use of the Marleasing principle to impose tax upon a taxpayer as the Court of Appeal did in the IDT Card Services Ireland Ltd case. Perhaps what led the Court astray was...

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