Naturgy and Galp appeal to the National Court the extraordinary tax on electric companies

MADRID, 26 Abr.

Naturgy and Galp appeal to the National Court the extraordinary tax on electric companies


Naturgy, Galp España and Asfaltos Españoles have appealed before the National Court the order of the Ministry of Finance that includes the extraordinary temporary tax on energy companies to tax with 1.2% the sales of companies in the sector whose income exceeds 1,000 million of euros.

As stated in various provisions of the Department headed by María Jesús Montero collected in the Official State Gazette (BOE) on Wednesday, these three companies have filed a contentious-administrative appeal before the National Court against the Order of February 2 that establishes the models declaration and early payment of this temporary tax, also appealed by other companies in the sector.

In accordance with the Regulatory Law of the Contentious-Administrative Jurisdiction, from tomorrow Thursday a period of 9 days is open to appear in the cars to all interested parties.

Naturgy, Repsol and Cepsa are the energy companies that will contribute the most to public coffers this year due to the extraordinary tax on energy companies.

In total, Repsol, Cepsa, Naturgy, Iberdrola and Endesa will have to pay some 1,483 million euros this year for the tax, which they consider "discriminatory, unjustified and arbitrary". Of this amount, the first three companies will contribute 72.5%.

Specifically, Repsol will have to pay 450 million euros this year for said tax, which it considers to be incompatible with the Spanish Constitution or with European regulations, for which reason the company has taken it before the National Court.

Cepsa, for its part, will pay approximately 325 million euros for this extraordinary tax that is levied on energy companies based on their 2022 income.

For its part, Naturgy will pay around 150 million euros this year for this tax, a figure that is already included in the company's forecasts for gross operating profit (Ebitda) for 2023.

Iberdrola, for its part, calculates that this year it will pay around 200 million euros for this tax, which it has also appealed to the courts.

"We consider that this tax violates the European Constitution and European Law and we do not expect that this year there will be a decision by the courts, probably next year," they indicated from the company.

On its side, Endesa is also immersed in the legal battle against the tax and has also appealed it before the National Court for considering it "unjustified and discriminatory". The company advanced that the results of the years 2023 and 2024 will be impacted both in Ebitda and in net ordinary result by the new rate, with an affectation of 208 million per year.

The measure adopted by the energy companies before the Justice is added to the appeal presented by the Spanish electricity employer Aelec in mid-February.

As Naturgy, Galp and Asfaltos Españoles have done in their appeals, the association that brings together the main electricity companies in Spain opted to appeal directly to the ministerial order that included the declaration and advance payment models of the new tax on energy companies.