Primăria Târgușor Obliged to Repay Over 1.1 Million Lei to Eco Power Wind SRL Following Definitive Court Ruling
Primăria Târgușor has lost a definitive legal battle against Eco Power Wind SRL, a company owning a wind farm in the area. The court ruling mandates the municipality to repay 1,129,803.86 lei, along with accrued interest and penalties from July 3, 2017, until full settlement. This decision poses a significant financial strain on the local budget.
The dispute originated from a fiscal amendment made four years ago, which determined that wind turbine support towers do not qualify as taxable buildings. Previously, local administrations collected substantial taxes from renewable energy companies under this classification. Eco Power Wind SRL, like other companies in the sector, contested this classification in court, arguing that the towers lack essential building features such as enclosed spaces and a roof.
Eco Power Wind SRL filed a lawsuit against Primăria Târgușor in 2023, seeking a refund of taxes paid based on March 2017 imposition decisions. In June 2024, the Tribunalul Constanța ruled in favor of the company. The court also held Primăria Târgușor liable for late-payment penalties, reinforcing the financial obligations with a final decision on December 13, 2024, by the Curtea de Apel.
This ruling aligns with a precedent set by the Înalta Curte de Casație și Justiție in 2020, which deemed similar taxes unlawful, impacting all agreements between municipalities and green energy companies.
Source: FOCUSPRESS