1. Institute for Austrian and International Tax Law www.wu.ac.at/taxlaw1 Prof. dr. Pasquale Pistone 2010 EATLP Leuven Email: ppistone@mclink.itppistone@mclink.it Pasquale.pistone@wu.ac.at For full retroactive interpretation of ECJ judgements

2. Institute for Austrian and International Tax Law www.wu.ac.at/taxlaw2 For retroactive ECJ judgments 1.ECJ judgements interpret European law and have a mere declaratory function of ascertaining its correct scope  correct application of EU law and supremacy over national law should only be limited when strictly required by interest to protect stability of rights 2.Non-retroactive effects of ECJ judgments would start a race to Luxembourg, whereas only the winner gets the price of effectively enjoying the rights that EU law grants instead to all EU nationals THE PRESENT ECJ RETROACTIVITY CASE LAW IS THE VERY LEAST ONE EXPECTS TO PROTECT RIGHTS GRANTED BY EU LAW Besides: There should be no limits to retroactivity at all! =>No tax incompatible with EU law may be levied and if it has been levied it should be reimbursed within statute-on-limitation rules set by national law

3. Institute for Austrian and International Tax Law www.wu.ac.at/taxlaw3 INSTITUTE FOR AUSTRIAN AND INTERNATIONAL TAX LAW Althanstr. 39–45, 1090 Vienna, Austria PROF. DR. Pasquale PISTONE T +43-1-313 36-4648 F +43-1-313 36-730 Pasquale.pistone@wu.ac.at ppistone@mclink.it www.wu.ac.at/taxlaw Thanks for your attention!