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The decision of the CJEU in Littlewoods

In Littlewoods, the European court leaves it to the UK courts to decide whether compound interest is due on overpaid VAT. Stuart Walsh and Jake Landman suggest the judgment is hard to reconcile with previous CJEU case law.

Of the eight VAT judgments released by the Court of Justice of the European Union (CJEU) on the final day of delivery before the summer break the headline act was undoubtedly the CJEU’s judgment on whether Littlewoods should be entitled to receive compound interest on overpayments of VAT paid under a mistake of law. Those hoping that the judgment would provide a definite answer to the question will be left disappointed.

First a quick recap. Between 1973 and 2004...

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