16
Aug2018

Environmental Taxes. Ecotax Annulled by Bucharest Court of Appeal

Our tax practice in the matter of environmental taxation has been enriched with a new judicial decision: civil judgment no. 146/19.01.2018 of the Bucharest’s Court of Appeal, Section VIII Administrative and Tax Litigation. The object of the case was the annulment of an additional ecotax in the amount of 5.364.406 lei, imposed in 2009 by the Environment Fund Administration. The judgement hasn’t been appealed and is now final.

The legal issue was generated by the Environment Fund Administration’s refusal to admit the fact that the products of the company we legally represented met the essential requirements of European regulations, the plastic bags made by using the oxo-biodegradable technology ending up naturally decomposing in carbon dioxide, biomass and water. The evidence administrated and the legal arguments stated led to the legally and fiscally correct decision in the second judicial proceeding before the Court of Appeal of Bucharest.

Costaș, Negru & Asociații are pleased to say that this solution enhances our previous practice in the matter of environmental taxes (for instance, civil judgment no. 603/13.12.2013 of the Court of Appeal of Cluj, confirmed by the High Court of Cassation and Justice). We enjoy innovating, including in cases in which we provide legal representation, and these judicial decisions are here to confirm the quality of our team and the legal tactics’ suitability to… environmental conditions.

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