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| Excise Duty Concession Lands Ireland In ECJ |
by Jason Gorringe, Tax-News,com, London
Monday, October 31, 2011
The European Commission has decided to refer Ireland to the EU's Court of Justice for failing
to correctly implement European Union (EU) rules on excise duties on fuel.
Until the end of 2006, Ireland was allowed to apply an exemption on fuel used
by disabled people for their motor vehicles. At the end of 2006 this derogatory
regime came to an end. However, Ireland continued applying this exemption.
The Commission formally asked Ireland to rapidly remedy this breach of EU law
in September 2008. Although the Irish authorities informed the Commission in
January 2009 that they would bring their law into line with EU rules, they still
have not done so.
In May 2010, the Commission formally requested that Ireland take action within
a two-month timeframe to ensure compliance with EU rules. However, Ireland's
excise duty relief measures on fuel remain in place and the Commission has decided to refer the case.
The Commission explained that Irish authorities are permitted to support the mobility
of disabled persons via tax incentives, but said concessions that have a less distortive
effect on the EU's Single Market should be sought.
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