Marks & Spencer Plc v Commissioners of Customs and Excise (No 1, No 3 and Case C-62/00)

JurisdictionEngland & Wales
Judgment Date14 December 1999
Date14 December 1999
CourtCourt of Appeal (Civil Division)
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57 cases
  • Fleming (t/a Bodycraft) v HM Revenue and Customs; Conde Nast Publications Ltd v Same
    • United Kingdom
    • House of Lords
    • 23 January 2008
    ...this amendment too there was no transitional period. 4 Following the decisions of the European Court of Justice in Marks and Spencer plc v Commissioners of Customs and Excise ( Case C-62/00) [2002] ECR I-6325 ("Marks and Spencer II") and Grundig Italiana SpA v Ministero delle Finanze ( Case......
  • Test Claimants in the FII Group Litigation v HM Revenue and Customs
    • United Kingdom
    • Chancery Division
    • 27 November 2008
    ...periods may be fixed for repayment claims, in the interests of legal certainty: see for example Case C-62/00, Marks and Spencer Plc v Commissioners of Customs and Excise, [2000] ECR I-6325, [2003] QB 866, (“Marks and Spencer”) at paragraph 35. A Member State may also be relieved from the ob......
  • F J Chalke Ltd and Another v The Commisioners for HM Revenue and Customs
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 25 March 2010
    ...11 July 2002 the ECJ held in Case C-62/00 Marks & Spencer v Customs and Excise Commissioners [2002] ECR I-6325, [2003] QB 866 (“ Marks & Spencer”) that the three year cap was unlawful. Factual history of the 12 On 26 July 1999 Chalke submitted a claim to the Commissioners for overpa......
  • R (Sagemaster Plc) v Commissioners of Customs and Excise
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 21 January 2004
    ...of legitimate expectation is different from the English law doctrine. Mr Milne QC for the applicants referred me to Marks and Spencer Plc v Customs and Excise Commissioners [2002] STC 1036, where in the headnote the Community doctrine is referred to as: "The principle of the protection of l......
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