[2011] UKUT 399 (TCC).

Upper Tribunal (Tax and Chancery Chamber).

[The appeal against this decision is reported at [2012] BVC 812.]

Judge Colin Bishopp, Judge Julian Ghosh QC.

Decision released 28 September 2011.

Value added tax – Overpayment – Refund – EU law – Compound interest – Reference to ECJ – Simple interest available under statutory scheme – Compound interest only available by way of claim in restitution – Whether two different remedies breach of principles of effectiveness and equivalence – Whether reference of question by FTT to ECJ proper exercise of discretion – HMRCʼs appeal dismissed.

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