Unconstitutionality of the EESC on renewables hints at a new wave of litigation | Capital Verde

Capital Verde has published an article on the unconstitutionality of the CESE on renewables that hints at a new wave of litigation.

Gómez Acebo & Pombo was contacted to give its opinion and advises that “[…] companies operating in the same sectors to which the rulings relate and which have not yet challenged them should do so quickly. The expectation that they will be able to benefit from this line of case law from the TC and see the CESE cancelled is very high.”

Nuno Oliveira Garcia, tax partner at the Lisbon office, also states that “the CESE that has been paid by the companies will have to be returned by the state” and adds that “the question may arise as to whether compensatory interest will be due.”

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