On 22 February 2018, the Court of Justice of the European Union (“CJEU”) issued its judgment in Joined Cases C‑398/16 and C‑399/16 X BV and X NV v Staatssecretaris van Financiën. These cases, which were referred to the CJEU by the Dutch Supreme Court in July 2016, relate to the consequences of the ‘per element’
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