According to the ruling of Court of Justice of the European Union the donation tax of 32 % on emission permits issued in between 2011 and 2012 was not in accordance with the European Law if more than 10 % permits were affected. According to the EU Directive the donation of emission permits in 2008-2012 should have been free and could only be paid for if the amount didn’t exceed the 10 % limit of permits. Last year ČEZ and Alpiq requested the tax reimbursement and company Ško-Energo addressed the court. The case finally got to the CoJ of the EU which ruled that the tax wasn’t in accordance with the European law. Using the above mentioned donation tax of 32 % the Czech Republic raised in 2011 4.8 bn CZK and in 2012 2.7 bn CZK that partly covered the program of support of the renewable resources. Now the Czech Republic will be forced to reimburse at least part of this money to the affected parties.

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