Top EU Court Nixes Romania's 1-Year Deadline For Tax Refund

Law360 (October 14, 2020, 6:36 PM EDT) -- Romania's one-year deadline to claim a refund for an environmental tax that violated European Union law is impermissible when the country has a five-year limit for claiming domestic tax refunds, the European Court of Justice ruled Wednesday.

A one-year deadline met the European Union's legal principle of effectiveness, but not the principle of equivalence, the court ruled, noting that one year is far shorter than the five years allowed for requesting refunds of domestic tax debts. The findings came in a preliminary ruling requested by the Regional Court of Valcea, Romania.

SC Valoris SRL, a company incorporated under Romanian law, paid a...

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