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Case C-283/94 Denkavit [1996]

Facts

  • A complex tax directive was incorrectly implemented by Germany

Issue

  • Could Denkavit recover for its loss due to the incorrect implementation under state liability?

Decision

  • No

Reasoning

  • The interpretation was not ‘sufficiently serious’
  • The mistake was made in good faith
  • The directive supported the mistaken interpretation, as evidenced by other Member States interpreting it in the same way
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