The approach of Advocate General Kokott in the so-called ‘Dutch pension fund’ cases is to compare the special investment funds in question more closely with the harmonising EU UCITS law than arguably has been the case to date. If the CJEU follows her opinion, this may lead to a stricter interpretation of what is a SIF and one that is different from the UK government’s abandoned attempt to codify the VAT exemption into UK law. Despite Brexit, CJEU case law remains relevant when interpretating case law, unless it requires the quashing or disapplication of domestic UK law.
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The approach of Advocate General Kokott in the so-called ‘Dutch pension fund’ cases is to compare the special investment funds in question more closely with the harmonising EU UCITS law than arguably has been the case to date. If the CJEU follows her opinion, this may lead to a stricter interpretation of what is a SIF and one that is different from the UK government’s abandoned attempt to codify the VAT exemption into UK law. Despite Brexit, CJEU case law remains relevant when interpretating case law, unless it requires the quashing or disapplication of domestic UK law.
If you are not a subscriber, subscribe now to read this content.
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