In Search of Ariadne’s Thread: Permanent Establishments and Losses in the European Union

In this article, the author assesses developments in European Court of Justice case law, inter alia, to (1) determine what a “terminal loss” is within the meaning of Marks & Spencer, and how the concept has evolved in more recent ECJ case law, (2) analyse the consequences of any “refinement” of this concept and (3) consider possible solutions to the cross-border compensation of losses with regard to permanent establishments.