Reviewing the AXA ruling

On 28 October 2010, the European Court (ECJ) issued its preliminary ruling on the reference made by the Court of Appeal in AXA (C-175/09).  In an outcome reminiscent of the ruling in Case C-452/03 RAL [2005] STC 1025, the ECJ determined the reference on a basis which had not even arisen in the judgments of the domestic courts.