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22 March 2013
Issue: 7553 / Categories: Case law , Law digest , In Court
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EU—Value added tax

Wheels Common Investment Fund Trustees Ltd and other companies v Revenue and Customs Commissioners C-424/11 [2013] All ER (D) 117 (Mar)

It was settled law that funds which constituted undertakings for collective investment in transferable securities within the meaning of Directive (EC) 2001/108 of the European Parliament and of the Council of 21 January 2002 (the UCITS Directive) were special investment funds. As was clear from Art 1(2) of that Directive, undertakings for collective investment in transferable securities were undertakings which, such as AUTs and OEICs, had as their sole object, in accordance with the objective pursued by the exemption provided for in Art 13B(d)(6) of the Sixth Council Directive (EEC) 77/388 and Art 135(1)(g) of Council Directive (EC) 2006/112, the collective investment in transferable securities of capital raised from the public. Further, funds which, without being collective investment undertakings within the meaning of the UCITS Directive, displayed characteristics identical to theirs and thus carried out the same transactions or, at least, displayed features that were sufficiently comparable for them to be in competition with such

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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