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Indirect Tax Case Alerter

 
The tax litigation team from PricewaterhouseCoopers Legal LLP continues its series of alerts for indirect tax case law developments which may arise over coming weeks together with the relevant legislation and history and the team's analysis of the implications of each case
Marks and Spencer plc (C-309/06)
The issues
 
This is a continuation of the so-called 'teacakes' litigation which has been in progress for more than a decade. This aspect of the case relates primarily to whether a taxpayer making zero-rated supplies has directly effective European Community law rights and whether the application of the unjust enrichment defence to payment traders but not to repayment traders constituted a breach of Community law.
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