Madrid (EFE).- The National Court has today rejected the precautionary suspension of the temporary tax on the income of energy companies, thus denying the request of the oil company Repsol to apply precautionary measures.
In an order dated this Friday to which EFE has had access, the Contentious Chamber of the National Court rules out provisionally suspending the order of February 2 that implements the income and payment declaration models.
The Chamber considers that rejecting the suspension does not imply irreparable damage, since if the appeal is finally upheld, it would be a perfectly reversible situation through the return of what was paid with the payment of the mandatory interest (carrying out the necessary compensation). .
On February 8, one day after the order was approved, Repsol filed an appeal urging the temporary suspension of the rule, which the CEO of the oil company, Josu Ion Imaz, has described as discriminatory, as well as incompatible with the Constitution. Spanish and European regulations.
In its order, the Chamber defends that “the suspension of the ministerial order does cause serious damage to the general interest, by making it impossible to collect the tax, leaving one of the requirements of the law unfulfilled, which has a primary purpose of ‘collection ‘, in order to demand, in these times of energy crisis and inflation, a greater effort from those who have greater economic capacity”.
In other words, he adds, “a show of solidarity from the great fortunes.”
By not acceding to the suspension, the order continues, it is possible that the appellant must present the four self-assessments provided, but “such an eventuality, in the opinion of this Chamber, does not cause irreparable damage, but rather, on the contrary, said damage would be perfectly susceptible to the opportune repair by means of the return of what was paid with the payment of interest”.
The adoption of the precautionary measure requested by Repsol would mean “the petrification of the legal system”, since “the application of a Law that has a detailed justification in its explanatory statement would be paralyzed”.
In addition, it continues, “this Chamber has nothing to say because it totally lacks competence to annul regulations with the force of law.”
Repsol, the order highlights, affirms that “in no case is the suspension being sought via precautionary justice of the Law, but the reality is that such an effect would be inextricably linked to the adoption of the requested precautionary measure.”
The National Court also recalls that on February 10 it already rejected Repsol’s initial claim to suspend the ministerial order by adopting very precautionary measures, that is, without requesting a report from the Administration.
The banks and large energy companies forced to pay the new taxes approved by the Government, to raise 7,000 million in two years and cover the cost of the measures to deal with the economic situation, have until next Monday to make the first payments .
