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Italy Referred To ECJ Over Fuel Duties

by Ulrika Lomas, Tax-news.com, Brussels

28 April 2017


The European Commission has referred Italy to the Court of Justice for what it said was a failure to apply the national excise duty rate on petrol and diesel purchased by motorists resident in the Friuli Venezia Giulia region.

EU rules on energy taxation provide for minimum rates of taxation on energy products. EU member states are only allowed to apply differentiated national excise duty rates to the same products when explicitly authorized by the Energy Taxation Directive.

The Commission said that the Italian authorities currently grant a price reduction on motor fuel to motorists residing in the Friuli Venezia Giulia region. The Commission considers this to be a reduction of excise duties on diesel and petrol used as motor fuel.

According to the Commission, this poses an obstacle to the proper functioning of the EU internal market and infringes EU rules. It added that regional reductions such as that granted by Italy are not permitted under the Energy Taxation Directive.

In December 2015, the Commission formally requested Italy to amend its excise duty legislation in this area. However, it said that Italy had failed to comply with this request and will now be referred to the Court of Justice.

TAGS: compliance | tax | European Commission | tax compliance | energy | excise duty | legislation | Italy | European Union (EU) | Europe

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