close
Share with your friends

Italy: Reduction in excise tax on fuel in northeast region (CJEU judgment)

Italy: Reduction in excise tax on fuel in northeast

The Court of Justice for the European Union (CJEU) today dismissed an action filed by the European Commission against Italy, with the CJEU concluding that a reduction in excise tax (in the form of a refund of the amount of the excise tax) on fuel purchased by residents of Friuli-Venezia Giulia (an autonomous region located in the northeast of Italy and bordering Austria and Slovenia) did not constitute an infringement on the energy tax directive.

1000

Related content

The case is: Commission v. Italy, C-63/19 (14 January 2021)

According to a CJEU release [PDF 238 KB], Italy was previously authorized until the end of 2006 to reduce the rate of excise tax on vehicle fuel purchased on the territory of the Friuli-Venezia Giulia. The grant of that authority was intended to counteract the practice of residents of the region from going across the border and buying fuel for their vehicles at a better price in Slovenia.

After 2006, residents of the region continued to benefit from a reduction in the pump price of fuel, with service station operators granting reductions in the price of fuel. The regional administration subsequently refunded to the service station operators an amount equal to that of the price reductions granted.

The EC asserted that this regime resulted in an unauthorised reduction, in the form of a refund, of the excise taxes applicable to petrol and diesel sold to residents of the region and that this constituted an infringement of the energy tax directive (which in part establishes minimum excise tax rates to be applied by EU Member States). The EC filed an action against Italy.

Today, the CJEU dismissed the EC’s action.

The KPMG logo and name are trademarks of KPMG International. KPMG International is a Swiss cooperative that serves as a coordinating entity for a network of independent member firms. KPMG International provides no audit or other client services. Such services are provided solely by member firms in their respective geographic areas. KPMG International and its member firms are legally distinct and separate entities. They are not and nothing contained herein shall be construed to place these entities in the relationship of parents, subsidiaries, agents, partners, or joint venturers. No member firm has any authority (actual, apparent, implied or otherwise) to obligate or bind KPMG International or any member firm in any manner whatsoever. The information contained in herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation. For more information, contact KPMG's Federal Tax Legislative and Regulatory Services Group at: + 1 202 533 4366, 1801 K Street NW, Washington, DC 20006.

Connect with us

 

Want to do business with KPMG?

 

loading image Request for proposal