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Hungary's carbon tax violates EU rules, top court says

The European Union’s top court ruled on Thursday that Hungary’s tax on CO2 emissions allowances, which will be introduced in 2023 is illegal under EU law because it removes operators’?incentives to invest? in reducing emissions.

The tax was imposed by Hungary's departing government, headed by Viktor Orban, whose party lost the Sunday parliamentary elections.

The tax is 36 euros (42 dollars) per ton annual emissions produced by the company.

The European Court of Justice referred the case to the Veszprem 'High Court of Hungary - who had originally referred it to ECJ. The ECJ ruled that "the Hungarian tax on carbon dioxide?emission allowances seems to be in violation of EU law. It is up to the national court to confirm this."

The ECJ, siding with the Hungarian fertilizer maker Nitrogenmuvek said that Budapest's scheme is against the EU's 2003 emission trading directive which is intended to reduce greenhouse gas 'emissions' across the EU.

The report warned that taxing free emission permits would strip them of "much" of their value, and take away the incentives meant to encourage companies to reduce their emissions.

Orban's government disregarded ECJ rulings in the?past on other issues and the Hungarian Constitutional Court?rejected a complaint against the decree 2024.

The TISZA Party of Peter Magyar has not yet commented. He has promised far-reaching reforms and hopes to have his cabinet sworn in before mid-May. $1 = 0.8488 Euros (Reporting and Editing by PhilippaFletcher; Anita Komuves, GianlucaLoNostro)

(source: Reuters)