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Stephen Edge Slaughter and May asks if the outcome in Denkavit is a sign of things to come
After a number of years of losing virtually every case before the ECJ HMRC was justifiably well pleased with its effective victory in the Marks & Spencer case (affirmed by the High Court decision on what the practical likelihood of using losses meant in this context). This confirmed the sense of its decision to keep the beach open just in case the tide ever came in again. While cohesion (the notion that a tax system can be justified internally and without regard to any external consequences within the Community) is now a long discredited theory and we are sorry it ever occurred to us the current more pragmatic approach of the ECJ...

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