Europe Fails To Foreclose Treasury Against Wealth Responsibility Fees

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The ECJ finds that it is practically impossible for a taxpayer to receive his compensation when the legislative state amends laws for breach of Community law

Is a reality. Filing a complaint against a company or filing a complaint with the court is usually an extremely complicated procedure for those involved. And if that claim is against the state, it’s practically an impossible mission to win.

This is apparent from a judgment published on Tuesday by the Court of Justice of the European Union (CJEU), in which it accuses the Spanish state of not complying with its obligations with regard to the principle of effectiveness that governs Community law in these cases.

This principle establishes that in the case of having to compensate individuals, no formulas can be formulated that in practice “make it impossible or extremely difficult to obtain compensation”. And that is exactly what the State would have done in cases where it has tried to claim its patrimonial liability for damages derived from laws that are contrary to Community law.

The European Commission found that the national system was so restrictive that it took Spain to court. Tensions started when Cristóbal Montoro headed the Ministry of Finance, when the Commission already pulled down the so-called sanitary cent (tax on the retail sale of certain hydrocarbons) in 2014. The Treasury subsequently refused to acknowledge its patrimonial responsibility and tightened the conditions for claiming damages.

The same has happened more recently with the Model 720 of Goods Abroad, which forced the government to change the regulations to align them with Community law after the ECJ found that the penalties for non-compliance were excessive and contrary to the law. free movement of capital.

As stated in the CJEU document, following a series of complaints from individuals, the Commission has initiated proceedings against Spain in relation to Articles 32 and 34 of Law 40/2015 on the legal system of the public sector.

“The above procedure, which was unsuccessful, ended and the Commission opened non-compliance proceedings against Spain, requesting the Court of Justice to declare that the said Member State had failed to fulfill its obligations under the principles of effectiveness and equivalencia”.

With today’s ruling, the Court of Justice, in the form of a Grand Chamber, partially upheld the Commission’s appeal and declared that Spain had failed to fulfill its obligations “on the basis of the principle of effectiveness in establishing and enforcing the disputed provisions , in so far as they provide compensation for damage caused to individuals by the Spanish legislature as a result of the breach of EU law.

Source: La Verdad

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