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Cross-Border Loss Relief and the ‘Effet Utile’ of EU Law: Are We Losing It?

Cross-Border Loss Relief and the ‘Effet Utile’ of EU Law: Are We Losing It? REVIEW 2 0 1 1 ­2 ec Editorial TAX Prof. Dr Axel Cordewener, Katholieke Universiteit Leuven, of Counsel Flick Gocke Schaumburg, Bonn The `effet utile' principle requires all national institutions to give full force and effect to EU law. However, the practical realization of this obligation depends on a clear interpretation of the relevant provisions of EU law by the Court of Justice (ECJ). It appears that in the area of cross-border loss relief, there is a particularly urgent need for more clarity in the Court's case law. One of the fundamental elements of EU law is the socalled `effet utile' principle, sometimes also referred to as principle of effectiveness. It has played a decisive role in the development of important legal institutions such as, in particular, the direct effect of provisions contained in directives1 or Member States' liability for the violation of EU law provisions.2 As the case law of the European Court of Justice (ECJ) has shown, the roots of the `effet utile' principle lie at the very heart of EU law and are closely connected to the cornerstones of the whole EU legal order and its supranational character, namely the principles of direct applicability of http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png EC Tax Review Kluwer Law International

Cross-Border Loss Relief and the ‘Effet Utile’ of EU Law: Are We Losing It?

EC Tax Review , Volume 20 (2) – Feb 1, 2011

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Kluwer Law International
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Copyright © Kluwer Law International
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0928-2750
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Abstract

REVIEW 2 0 1 1 ­2 ec Editorial TAX Prof. Dr Axel Cordewener, Katholieke Universiteit Leuven, of Counsel Flick Gocke Schaumburg, Bonn The `effet utile' principle requires all national institutions to give full force and effect to EU law. However, the practical realization of this obligation depends on a clear interpretation of the relevant provisions of EU law by the Court of Justice (ECJ). It appears that in the area of cross-border loss relief, there is a particularly urgent need for more clarity in the Court's case law. One of the fundamental elements of EU law is the socalled `effet utile' principle, sometimes also referred to as principle of effectiveness. It has played a decisive role in the development of important legal institutions such as, in particular, the direct effect of provisions contained in directives1 or Member States' liability for the violation of EU law provisions.2 As the case law of the European Court of Justice (ECJ) has shown, the roots of the `effet utile' principle lie at the very heart of EU law and are closely connected to the cornerstones of the whole EU legal order and its supranational character, namely the principles of direct applicability of

Journal

EC Tax ReviewKluwer Law International

Published: Feb 1, 2011

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