Legal analysis demonstrates shifting definitions of tax advantage in European Court of Justice rulings, highlighting emerging doctrinal controversies.
The concept of abuse has been present in the case law of the Court of Justice of the European Union for decades. It was explicitly defined for VAT purposes 20 years ago in the Halifax case. Recent judgments have sparked controversies regarding both the concept of abuse and its consequences. In this article, the author elaborates on the understanding of tax advantage in abuse cases.
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Krzysztof Lasiński-Sulecki (2026) studied this question.
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