Case C-209/13 UK v. Council: Enhanced Cooperation and the FTT

This comment outlines the facts concerning the United Kingdom's decision to challenge the Council decision to authorize the use of Enhanced Cooperation (a Treaty based mechanism which allows adoption of Proposals among a collective of Member States in the absence of unanimity) in establishing a Financial Transaction Tax among eleven Member States. It places the challenge in context, summarizing the legislative and political difficulties that the original Commission Financial Transaction Tax Proposal has faced. Subsequently it assesses the arguments that the UK made in its challenge to the Court of Justice of the European Union before examining how the court elected to address these issues. Accordingly the comment indicates the potential impact of the decision which raises long term questions about the viability of the Enhanced Cooperation process in the treaties for introducing economic policies.