War in Ukraine: without Russia, Crimea will become “one of the best places to live in Europe”, assures Zelensky
British justice: traditional wigs, deemed “discriminatory” by black lawyers, about to be abandoned
Israel: for the first time, Eden Golan sings in public the original version of her song rejected during Eurovision
“Teachers are there to teach facts to students”: in the United Kingdom, the government wants to backtrack on gender theory in schools
Cancer: Klineo, a platform allowing patients to access new therapies
Suicide attempts and self-harm on the rise among young girls
In Europe, 10,000 people die every day from cardiovascular disease
Brussels raises Spanish GDP forecasts to 2.1% and foresees a deficit of 3% in 2024
Another incident on a Boeing, this time on a Montreal-Lyon flight forced to turn around
Unemployment insurance reform could affect up to a third of beneficiaries, according to Unédic
CPF: it is now much more difficult to use your account to finance your motorcycle license
Audible signal, hardening of the accelerator… New cars must be equipped with an “intelligent” speed limiter
At the Art Rock festival, the audacious power of Zaho de Sagazan
Old Hollywood reels, a well-kept treasure in a shed
Rachida Dati announces a mandatory “children’s manager”, from this summer, on every shoot with minors
Three World War II bunkers found almost intact in Belgium
Omoda 7, another Chinese car that could be manufactured in Spain
BYD chooses CA Auto Bank as financial partner in Spain
Tesla and Baidu sign key agreement to boost development of autonomous driving
Skoda Kodiaq 2024: a 'beast' plug-in hybrid SUV
The home mortgage firm rises 3.8% in February and the average interest moderates to 3.33%
This is how housing prices have changed in Spain in the last decade
The home mortgage firm drops 10% in January and interest soars to 3.46%
The jewel of the Rocío de Nagüeles urbanization: a dream villa in Marbella
Europeans: a “Free Palestine” list, whose logo advocates the disappearance of Israel, officially a candidate
New Caledonia: Zemmour accuses Le Pen of “giving in to the thugs and looters”
Europeans: between the RN and the “euro-gagas”, the communist Léon Deffontaines dreams of breaking through to the left
Europeans: professor threatened with death Didier Lemaire shows his support for François-Xavier Bellamy
These French cities that will boycott the World Cup in Qatar
NBA: Dallas knocks out Oklahoma City and advances to the Western Conference final
Boxing: “In the end, all our opponents will be defeated”, Zelensky relished Usyk’s coronation
Vendée Globe: Crémer takes an option on qualification by finishing The Transat just in time
PSG: Luis Enrique does without Mbappé for the last Ligue 1 match in Metz
The creation of a tax on possible “surplus profits” of motorway concession companies alone presents a “high risk” from a legal point of view, warns the Council of State, in an opinion requested by the government ahead of the budget for 2024 .
Faced with the profitability of concessionaires such as Vinci, Sanef or Eiffage, which it considers excessive, the government is considering either taxing motorway companies exclusively, or taxing all companies linked by a concession contract with the State, a broader scope which notably includes certain airport operators. To ensure the legal security of these two options, the executive requested an opinion from the Council of State in April, posted online on Tuesday on the administrative jurisdiction's website and relayed by the newspaper Les Échos.
A new tax targeted specifically at motorway concessionaires or an increase in their taxation “would present (...) a high risk of being regarded by the constitutional judge as carrying a manifestly disproportionate attack on the right to maintain legally concluded agreements”, underlines the state Council. The concessions binding the State to these companies stipulate in fact "that in the event of modification, creation or suppression (...) of taxes, duties or fees specific to motorway concession companies", the latter are entitled to “compensation measures, particularly tariffs”.
Furthermore, the “general interest” arguments invoked by the State to neutralize this clause are all dismissed by the magistrates of the Palais-Royal. There therefore remains the possibility of taxing companies linked to the State more broadly through a concession contract or a similar contract. These companies “constitute a homogeneous category which it is open to the legislator, for purposes of budgetary performance, to impose in a specific manner”, writes the Council of State.
But he warns the government: if its expanded tax has the “practical effect of weighing exclusively or almost exclusively” on motorway companies, deemed more profitable than airport operators, Vinci, Eiffage and others risk demanding the famous “ compensation” provided for by the concession contracts in the event of a new tax.
