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Das Verwaltungsgericht muss über die Rechtmässigkeit der Verpackungssteuer in Tübingen entscheiden - mehrere Kommunen warten mit Spannung auf den Richterspruch

Can a municipality obtain a tax on packaging?

The metropolis of Tübingen released the tax on packaging at the beginning of the calendar year. Due to the fact then, bars and speedy food items dining establishments pay out a tax of 50 cents for each disposable cup or cardboard box. A maximum of EUR 1.50 for each meal is charged. The municipal tax had earlier been determined by the municipal council at the ask for of the city administration and the mayor. The original ask for from the administration can be discovered In this article in the authentic as a pdf for down load:

The request was manufactured by the administration – the municipal council acknowledged it

But now the town administration is threatened with defeat just before the Administrative Court docket. Since the operator of a Tübingen branch of Mc Donalds has complained. His reasoning: The tax contradicts federal squander law. He argued in court that he was previously paying license fees for his participation in the twin technique. The packaging tax generates a appreciable supplemental stress.

The packaging tax has previously ruled in court docket

Of class, the mayor sees things in different ways. He confirmed up on the to start with working day of courtroom with a bunch of junk from rapidly meals and termed the council tax a big hit. Since then, the quantity of waste has reduced considerably. And he won’t like the lawsuit both for fundamental reasons. “Anyone who produces garbage has to fork out for it. I am self-confident that the packaging tax will endorse environmentally helpful actions and aid reusable techniques make a breakthrough,” states Palmer.

The administrative court in Mannheim must now make your mind up on the legality. On the to start with working day of the hearing, the president of the court basically explained: “It is needed to explain if there is a community intake tax right here. These types of taxes can only be collected if they do not violate federal laws.” And here an older judgment could place the way. The city of Kassel by now enacted a identical tax in 1991. It was revoked by the Federal Constitutional Courtroom in 1998. The rationale at the time was that the municipal tax violated federal law.

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Lawful view strengthens the administration’s place on the packaging tax

Of study course, the verdict is also recognized in Tübingen. For that reason, the city administration had commissioned a legal viewpoint. It confirms that the packaging tax is admissible in principle and hence generates the vital legal certainty. Several suggestions of the legal feeling have been involved in the statute on the tax on containers. The textual content of the statutes is available below as a pdf file for obtain.

This is the initial statute:

The verdict could appear subsequent Wednesday.

Discussion on the packaging tax also somewhere else

No question the verdict will also be eagerly awaited in other major cities. Simply because various cities have been speaking about a tax on packaging for some time. In Munich, for instance, the municipal office produced a 22-web page draft resolution on how reusable products and solutions can be promoted just about a 12 months in the past. Even so, the finance section expected a good deal of paperwork and doubted that revenues would be huge enough to deal with personnel fees. The document also states that it is not very productive to make isolated remedies. It would be much better if all municipalities obtained together and campaigned for new federal legal guidelines.

By the way, the question of cash flow is however controversial in Tübingen. Mayor Palmer when spoke of up to a million euros a calendar year. Having said that, the range does not seem in the city spending budget. “It truly is really hard to foresee that,” the administration states. According to the metropolis, two workers are entrusted with the difficulty of the packaging tax in Tübingen.

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