Ruairi Quinn (Dublin South East, Labour)
Link to this: Individually | In context

Question 249: To ask the Minister for Finance if his attention has been drawn to a draft decision of the advocate general of the European Court of Justice in a case between a company (details supplied) and the British tax authorities with regard to the ability of a UK-based company to offset tax losses incurred in foreign affiliates in other member states of the European Union; if the likelihood is that this draft decision will be upheld by the European Court of Justice; if so, the implications for Irish companies with similar structures to that of the company in question in cases in which they have affiliate operations in member states of the European Union outside the Republic of Ireland; his estimate of the tax loss implications for the Revenue Commissioners; and if he will make a statement on the matter. [11699/05]

Brian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context

I am aware of the opinion issued by Advocate General Miguel Poiares Maduro on 7 April 2005 in the case to which the Deputy refers and the opinion is being examined. The Advocate General's opinion is not binding on the European Court of Justice in framing its decision. We now await judgment in this case. In advance of that judgment, I do not think it appropriate to speculate on matters that are before the court or to attempt to pre-empt a European Court of Justice ruling.