The AN rejects Repsol’s request to temporarily suspend the energy tax

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Josu Jon Imaz, CEO of the company, describes the measure as discriminatory and incompatible with the Spanish constitution and European regulations.

The National Court has today rejected the preventive suspension of the temporary tax on the income of energy companies, thereby denying the request of the oil company Repsol to apply precautionary measures.

In a decision this Friday, the Contentious Chamber of the National Court excludes the provisional suspension of the February 2 decision implementing the income and payment declaration models.

The Chamber considers that the rejection of the suspension does not entail irreparable damage, since, if the appeal is ultimately allowed, it would be a perfectly reversible situation through the return of the amount paid with the payment of the mandatory interest (execution of the necessary compensation). .

On February 8, a day after the order was approved, Repsol filed an appeal, urging a temporary suspension of the rule, which the oil company’s CEO, Josu Jon Imazhas described it as discriminatory and incompatible with the Spanish constitution and European regulations.

In its decision, the Chamber defends that “the suspension of the ministerial regulation does lead to a serious harm to the public interestby making it impossible to collect the tax, leaving unfulfilled one of the requirements of the law, which has a primary “collection” purpose, to demand greater effort from those who have greater economic carrying capacity.

By not complying with the suspension, the order continues, the appellant may have to submit the four self-assessments provided, but “such a possibility, in the opinion of this Chamber, does not cause irreparable damage, but on the contrary, that damage would be completely subject to due repair by return of what was paid with interest”.

Adoption of the precaution requested by Repsol would mean “the petrification of the legal system”, as “the application of a law that has detailed justification in the explanatory notes would be paralyzing”.

Banks and large energy companies forced to pay the new taxes approved by the government to raise 7,000 million in two years and to cover the costs of the measures to cope with the economic situation have to next Monday to make the first payments.

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Source: EITB

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