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

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

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

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

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  • Euskaraz irakurri

Euskaraz irakurri: ANk atzera bota du Repsolek energia enpresei ezarritako zerga behind-behinean indargabetzeko egindako eskaera

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

In an order dated this Friday, the Contentious Chamber of the National Court rules out provisionally suspending the order of February 2 that implements the income and payment declaration models.

The Chamber considers that rejecting the suspension does not imply irreparable damage, since if the appeal is finally upheld, it would be a perfectly reversible situation through the return of what was paid with the payment of the mandatory interest (carrying out the necessary compensation). .

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

In its order, the Chamber defends that “the suspension of the ministerial order does cause a serious damage to the general interestby making it impossible to collect the tax, leaving one of the requirements of the law unfulfilled, which has a primary “collection” purpose, in order to demand, in these times of energy crisis and inflation, a greater effort from those who have greater economic capacity.

By not acceding to the suspension, the order continues, it is possible that the appellant must present the four self-assessments provided, but “such an eventuality, in the opinion of this Chamber, does not cause irreparable damage, but rather, on the contrary, said damage would be perfectly susceptible to the opportune repair by means of the return of what was paid with the payment of interest”.

The adoption of the precautionary measure requested by Repsol would mean “the petrification of the legal system”, since “the application of a Law that has a detailed justification in its explanatory statement 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 cover the cost of the measures to deal with the economic situation, have up to next Monday to make the first payments.

Source: Eitb

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