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Down with Frontier Barriers

 
Richard Lyal Legal Adviser at the European Commission describes the role of the Commission in tax cases before the European Court of Justice
 
Most of the tax cases which come before the Court of Justice of the European Communities — and virtually all the interesting ones — do so by way of the preliminary reference procedure. The Commission also brings infringement proceedings against Member States for failure to comply with their obligations under Community law; in such cases the procedure is probably recognisable to all lawyers and the Commission's role is straightforward so the following remarks will focus on preliminary references.
What are preliminary reference proceedings anyway?
 
Under Article 220 of the EC Treaty the duty...

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