For many years now, a prominent place in EU law has been reserved for the case law of the European Court of Justice. Although it did not take long after the Court of Justice’s inception for it to hand down its first significant judgments in the field of taxation, actual interest in this case law is of much more recent date, mainly owing to the fact that the scope of the judgments was fairly limited at first. This situation has undergone quite some changes in the past few years. Many tax lawyers have come to realize the significance of the (tax) case law developed by the Court of Justice, not in the last place because of the far-reaching impact some of the Luxembourg decisions have had. Nonetheless, the huge number of judgments rendered on tax issues, particularly in the last ten years, has also caused many a person to lose track of the really important decisions. Added to this is the fact that the judgments are generally bulky and not always easy to find or consult.
These circumstances lay at the heart of our decision to condense a number of relevant judgments to the format used in this publication and to emphasize their vital characteristics. The focus in this publication is on judgments in the field of direct taxation, but major European cases revolving around social security disputes and judgments on general principles and the formal aspects of EU law have not been forgotten. Judgments on indirect taxation have been omitted. We have also listed the tax matters currently pending before the Court of Justice in this publication.
Peter Kavelaars is amongst the Netherlands’ leading authors on a variety of fiscal topics. Peter Kavelaars is head of the Tax Research Department of Deloitte Tax Advisors in the Netherlands and is professor of Economics of Taxation at Erasmus University Rotterdam.
Jasper Korving is a staff member of the EU Tax Group/Tax Research Department of Deloitte Tax Advisors in the Netherlands and a member of the Tax Law Department of Maastricht University