Brennelementesteuer

A tax on the radioactive fuel elements used in nuclear reactors. Germany’s federal government created this tax in 2011 (the relevant law is called the, ahem, Kernbrennstoffsteuergesetz). Apparently the fuel rods tax has had a deterrent effect on the operation of nuclear power plants, while bringing in billions in revenue. Some utilities have challenged the tax in court.

Two lawsuits are pending before the Munich Financial Court. A court in Baden-Württemberg found that the fuel rods tax was okay. Relevant cases are also going to be heard by the German Constitutional Court and the European Court of Justice.

The Hamburg Financial Court referred the question of whether the fuel rods tax is “even permissible” to the European Court of Justice in November 2013. That court could take more than a year to issue a decision.

After the Hamburg Financial Court had referred the larger question to the higher instance, it then decided this week, in response to accelerated petitions from the utilities, that the utilities could be temporarily freed from paying the fuel rod tax and that the German treasury should temporarily return 2.2 billion euros of paid tax to the utilities pending the higher courts’ decisions. The court said the government could appeal though, and if the government appeals within one month they would be temporarily freed from having to make the return payment.

(Bren ell em EN tah shtoy ah.)

(CAIRN bren shtoff SHTOY ah gez ETTS.)

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