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The Supreme Court hearing took place on 15 April 2013 in the Marks & Spencer group relief case. The hearing dealt only with the question of when the no possibilities test should be assessed (at the end of the accounting period in which the losses arose or at the date of the claim). The Supreme Court will decide whether or not that issue needs to be referred back to the CJEU and, if not, will determine the matter itself. Judgment has been reserved.

This article appears in the JHA April 2013 Tax Newsletter, which also features:

1. Exit Taxes: Case C-64/11 Commission v Spain by Federico M.A. Cincotta
2. Interest on a Tax Refund Case: C-565/11 Mariana Irime by Federico M.A. Cincotta
3. Recovering unlawful “passed on” VAT: ITC v Commissioners for HMRC, 2nd High Court Judgment by Robert Waterson