[2011] UKFTT 68 (TC)

TC00946

LONDON TRIBUNAL CENTRE Reference No: LON/2004/0046

(1) J P MORGAN FLEMING CLAVERHOUSE INVESTMENT TRUST PLC

(2) THE ASSOCIATION OF INVESTMENT TRUST COMPANIES Appellants

- and -

COMMISSIONERS OF HM REVENUE AND CUSTOMS Respondents

Tribunal: THEODORE WALLACE (Chairman)

MRS CATHERINE FAQLTHARSON, ACA

MRS LYNNETH SALISBURY, LLB, JP

Sitting in public in London on 9 May 2005

DIRECTION

UPON THE APPEAL dated 15 January 2004 against a decision dated 15 December 2003

UPON THE APPLICATION of both parties at the outset of the appeal hearing that the

Tribunal should refer to the Court of Justice of the European Communities questions as to the

interpretation of Article 13B(d)(6) of the Sixth Council Directive on VAT in relation to the

supply of management services to investment trust companies

UPON HEARING on 9 May 2005 Paul LasokQC and Mario Angiolini, instructed by

Anbreen Khan, Deloitte and Touche LLP, for the Appellants and Kenneth Parker QC and

Raymond Hill, instructed by the Acting Solicitor for HM Revenue and Customs, for the

Respondents

AND UPON READING the draft questions agreed by the parties together with a draft

Schedule submitted on 17 June 2005

AND HAVING CONSIDERED further written representations by the parties

UPON the Tribunal being satisfied that a decision on the questions set out at paragraph 73 of

the Schedule to this Direction is necessary to enable it to give judgment on the appeal

g.Die0046-Fle.Wallace

IT IS DIRECTED THAT

1. That the questions contained in paragraph 73 of the Schedule hereto be referred

to the Court of Justice for a preliminary ruling pursuant to Article 234 of the

EC Treaty

2. That further proceedings relating to this appeal be stayed until the Court of

Justice has given its preliminary ruling on the questions referred or until further

order

3. That the Registrar forthwith, and without waiting for the time to appeal against

this Direction to expire, transmits to the Registrar of the Court of Justice copies

of this Direction and the Schedule hereto

THEODORE WALLACE

Chairman

Release Date: 12 May 2005