EU Commission takes further action against the UNITED KINGDOM for failure to comply with EU rules on marked fuel

The European Commission decided today, under Article 260 of TFEU, to send a new letter of formal notice to the United Kingdom for not properly applying both the rules on fiscal marking on fuel and the ruling of the Court of Justice on 17 October 2018 (Commission vs United Kingdom, C-503/17) in which the Court found that the UK, by allowing the use of marked fuel for the purposes of propelling private pleasure craft – even where that fuel is not subject to any exemption from or reduction in excise duty – has failed to fulfil its obligations under Council Directive 95/60/EC of 27 November 1995.

The UK has four months to reply to the letter of formal notice.

Otherwise, the Commission may refer the case back with proposed financial sanctions to the Court of Justice of the EU.

Daniel Ferrie

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