Emergency Ordinance establishing motor vehicle pollution tax ruled constitutional

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The Constitutional Court of Romania (CCR) dismissed by a majority of votes, as unsubstantiated, the constitutional challenges to particular articles of the Government’s Emergency Ordinance No. 50/2008 establishing the pollution tax for motor vehicles.

Challenges have been raised in several pending cases referred to CCR and pointed to the unconstitutional character of Articles 1 and 3 of Emergency Ordinance No. 50/2008. In analyzing the challenges, the CCR judges took in consideration the fact that the normative act subject to criticism underwent amendments that are in line with EU requirements.

The Court has previously rejected as inadmissible challenges filed to the same Ordinance, but Wednesday’s ruling handed down by the Constitutional Court marks a progress, as it states that subsequently registered challenges are not grounded. The CCR decision is final and binding on all parties, and will be published together with the related reasoning in the Official Journal.

The European Court of Justice ruled in April that the provisions on the enforcement of the first registration tax run counter to Community law, thus answering a query by a Romanian court.

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