The National Court rejected the preventive suspension of the temporary profit tax on energy companies, thereby rejecting Repsol’s request for preventive measures.

In this Friday’s ruling, the controversial courtroom rules out a temporary suspension of the February 2 ruling, which implements income and payment declaration models.

The Chamber considers that the refusal to suspend does not entail irreparable harm, since, if the appeal is finally granted, it will be a completely reversible situation by returning what was paid with the required interest (making the necessary compensation). .

The Chamber adds that, on the contrary, the suspension of the Ordinance, and with it the Law 38/2022, does seriously harm the general interest, “making it impossible to collect the tax, leaving one of the requirements of the Law that the “Explanation of Reasons” states that there is a primary purpose “.

The Court considers that the preventive measure in which the applicant is interested would mean “a petrification of the legal system, since, having received a precautionary measure in relation to the Ministerial Development Order, the application of the Law having justification would be paralyzed. “, set out in detail in his explanatory memorandum, and concerning which the Chamber cannot say anything, since it has absolutely no competence to annul norms with the force of law.”