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P and L Radgen v Finanzamt Ettlingen

Our pick of this week's cases

In P and L Radgen v Finanzamt Ettlingen (Case C-478/15) (21 September 2016) the CJEU found that the agreement between the European Union and Switzerland precluded legislation excluding from its benefit German teachers working in Switzerland.

The European Community and the Swiss Confederation had entered into seven agreements one of which provided for the free movement of persons on the basis of the rules applying in the European Community. Under German law the income of a part-time lecturer who carried out his activities on behalf of a public entity established in the European Union or in the European Economic Area was exempt from tax up to a threshold.

Mr Radgen who was tax resident in Germany taught on a part-time basis in Switzerland under an employment contract. The German tax authorities had refused to apply the exemption on the...

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