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Test claimants in the Franked Investment Income group litigation v CIR and another (C-362/12), Court of Justice of the EU
Two remedies or causes of action were available to UK taxpayers prior to June 2004 for recovering tax levied in breach of EU law.
The first known as Woolwich allowed for the recovery of tax unlawfully levied for which the limitation period was six years from the date of payment of the tax.
The second cause of action Kleinwort Benson permitted the restitution of sums paid under a mistake of law. The limitation period was six years from the date the claimant discovered the error or could have discovered it with reasonable diligence.
FA 2004 s 320 was subsequently introduced stating the limitation period for the Kleinwort Benson remedy should not apply in relation to a mistake of law relating to a tax. The new rule applied retroactively to actions brought on or after 8 September 2003.
The Court of Justice...
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