Reviewing the AXA ruling

15 Nov 2010

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.