Eon and RWE will probably have to pay fuel tax – FAZ – Frankfurter Allgemeine Zeitung

Eon and RWE will probably have to pay fuel tax – FAZ – Frankfurter Allgemeine Zeitung

      

 
 
 
 
 
     
 
 
 
 
 
 
 
 
         

 
 
 
 
 
          fuel rods in nuclear power plant Phillipsburg
     

 
                                           
 
 
     
     
     
         
         
                                                             

The energy co mpanies Eon and RWE are in dispute over fuel tax at a decisive defeat. The so-called nuclear control is in fact at least for the Advocate General of the European Court with EU law (Az: C-5/14) compatible, as can be seen from the final application published on Tuesday. This recommendation is not binding on the Court – but most of the judges follow the advice of the Advocate General.

                         
         
         
                                                             
                                 

Eon and RWE now have to adjust to the fact that they will recover the tax paid atom since early 2011 in the billions not again. The two companies wanted to use the money among other things, to reduce high debt. The reaction in the stock market fell out violently. The shares of the two utilities fell by around five percent each – the stock market therefore decreased by more than two billion euros

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Eon and RWE want to hold despite the opinion of the Advocate General at its legal position and wait for the judgment of European judges as they stated on their speakers. The tax on the fuel used in nuclear power plants was unconstitutional and also contrary to EU law. The ECJ ruling is expected in a few months.

                         
         
         
                         

          

 
 
 
 

 

 

             

 

 

 

 

 

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The Hamburg Finance Court had applied for by the operator of five nuclear power plants upheld in April 2014 – and provisionally committed the customs offices to a refund of tax already paid in the amount of 2.2 billion euros. The judges were of the opinion that the federal government has no legislative competence to adopt a fuel tax.

                         
         
         
                                                                                                                                                                                                  

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Earlier, further referred the case already to the ECJ in Luxembourg and to the Federal Constitutional Court of the Hamburg judges. They should clarify whether the tax is constitutional and in accordance with European law. Therefore, the power companies were able to repay not yet recorded in the income statement.

                         
         
         
                                                             

The fuel tax is one of the reasons that the federal government is as early as 2014 got along without new debt, and thus the “black zero” has reached one year earlier than expected. The money had been paid before the New Year. Other reasons were high tax revenues and lower interest expenses.

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In the dispute over fuel tax the nuclear power plant operators face a bitter defeat: In the opinion of the Advocate General of the ECJ, the levy is not contrary to European law. The share prices of RWE and Eon fall significantly.

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