Fuel tax before the ECJ – Herbe setback for the German nuclear power plants … – Süddeutsche.de

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• The European Court in Luxembourg has stated the fuel tax to be legal.
• The court thus dismissed a lawsuit German nuclear power plant operators from which to proceed legally against the tax introduced in 2011.
• The opportunities of the utilities on billion-repayments by the State fall thereby. They now hope for a ruling by the Federal Constitutional Court, where a method is also pending.

You should bring the German nuclear companies billions and the federal government show that the crackdown on nuclear power plant operators is the policy costly. The complaints of the largest German energy companies against which launched in 2011, fuel tax were at the headquarters of the major energy suppliers actually as promising bargaining chip in a dispute with the federal government.

But the hoped triumph on the drawing board is missing. The companies have to pay more. The European Court of Justice (ECJ) declared the controversial levy on Thursday in a ruling legal.

The prospects of nuclear power plant operators to billions repayments fall

The delivery of federal not infringe EU law, the Court explained in Luxembourg (Ref: C-5/14). If it were not for an illegal electricity nor an undue excise duty, the judges ruled. Thus the chances of nuclear power plant operators fall to billion-repayment of the state.

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Germany’s nuclear power plant operators to go in several proceedings against payment before, because they keep the tax on illegally. Sued have the largest German energy supplier Eon, RWE and EnBW. In this specific case, the ECJ had to rule on the legality of the fuel tax for the nuclear power plant Emsland in Lingen, RWE and Eon jointly operate. The plaintiff was the nuclear power plants Lippe-Ems GmbH, because they had to pay about 154 million euro nuclear fuel tax. The Finanzgericht Hamburg submitted the case to the ECJ for a preliminary ruling.

145 euros for each gram of nuclear fuel

To the fuel tax to the federal government and nuclear operators deliver many years a bitter dispute. For both sides, this involves a lot of money. Since early 2011, the companies have to pay for each gram of nuclear fuel 145 euros to the tax authorities. Eon has indicated so far paid more than two billion euros fuel tax, RWE and EnBW, the more than one billion. Thanks to the transfers of corporations to federal Finance Minister Wolfgang Schaeuble was a happy “black zero” – the first budget without new debt since 1969.

The control adopted before the Fukushima disaster was part of the adopted in 2010 austerity package of the Federal Government. and was originally intended to contribute to the consolidation of the budget year EUR 2.3 billion. In the industry they understood it well in return for also initially adopted in autumn 2010 term extension of the then 17 German reactors.

The companies now hope for help from Karlsruhe

With the exit out of nuclear power after the Fukushima disaster disappeared not only the estimated revenue of the Federation by the remaining power plants to 1.3 billion euros per year. The company now also began to defend themselves with all legal means against the control.

Despite the decision in Luxembourg not give the German utilities, the hope of being able to tilt the control. The companies hope now especially on help from Karlsruhe. Because the process is next to the ECJ also the Federal Constitutional Court is pending. With a judgment the companies expect by the end.

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