Simon Whitehead takes a view of the latest stage of a claim for group relief for losses
When might the losses of a company resident in another Member State of the EU be surrendered by way of group relief to offset the profits of a UK resident within the group in accordance with the principles in the Marks & Spencer case (C-446/03 ECR 2005 I-10837)? According to the CJEU it would be when the possibilities of local use had been exhausted for past current and future accounting periods (para 55 of that judgment). What the CJEU meant by that condition in particular regarding how the possibilities of future use might be exhausted has been the principal focus of the M&S case since that pronouncement in December 2005. It has...
