Brussels, 17/10/2013 (Agence Europe) - The European Commission considers that Belgium is not complying fully with the provisions in the Union's Protocol on Privileges and Immunities, and decided on 17 October to refer the matter to the European Court of Justice.
In the Commission's view, under the provisions governing the tax exemptions set out in the Protocol, the institutions cannot be required to pay taxes relative to the electricity and gas market in the Brussels Capital Region. Article 3, second paragraph, of the Protocol states that the institutions are exempted from indirect taxes or sales taxes by the governments of the member states in which they are established when they make substantial purchases for their official use. The Commission does not agree with the Belgian government on this matter and considers that these regional taxes are indirect taxes covered by this exemption.
In parallel with this infringement procedure, legal proceedings were brought under Belgian law in 2011 calling for the application of the exemption and the refunding of the amounts already paid by all the institutions. This case is still pending before the Belgian courts. (OL/transl.fl)