The Superior Court of Justice of the Basque Country (TSJPV) has canceled again for the second time, the tolls for the transport of goods by road established by Gipuzkoa to the passage of the highways NI and A-15 by its territory, informs the National Federation of Transport Associations of Spain (Fenadismer).
As specified by this group in a note, the TSJPV has adopted this decision in a judgment in which it “reproduces” the same arguments collected at the first opportunity (in April 2018), on understanding that the toll system established in Gipuzkoa “produces an indirect discrimination of transit transport “ regarding internal traffic and “violates the principle of non-discrimination” set by Europe.
The now-annulled regulation introduced a series of changes in the initial general design to address the interpretation that led the TSJPV to knock down the first rule, which is being appealed to the Supreme Court and is still pending the decision of this body.
Still waiting for the Supreme Court to rule on this matter, the TSJPV has once again annulled the second regional rule, understanding that it is a “make-up” version of the first, as Fenadismer explains.
This federation of transporters recalls that, despite the annulment of the first regulation, Gipuzkoa drew up a second one and the Provincial Council continued to demand during these two years the toll collection for “the more than 10,000 trucks that they travel both ways daily “, since, on the other hand, the first sentence was not yet final.
A decision that, in the opinion of Fenadismer “has been reckless by the economic consequences that may arise “ now for “the possible return of all proceeds to the affected carriers.”
In its statement, this federation values the new judgment of the TSJPV, because it considers “the main arguments” raised by carrier associations, and trusts that the Diputación de Gipuzkoa “paralyzes on this occasion toll collection until the Supreme Court resolves “the case.
In this sense, it asks the “affected” carriers to “keep both the invoices of the paid tolls and the possible sanctions that they have been imposed “, pending the resolution” is final “and” opens, consequently, the possibility of recovering the entire amount collected plus the corresponding legal default interest “.
Fenadismer has also announced that it will inform its “European counterparts about the judicial consequences of the court ruling, in order for them to transmit to their associates the convenience of collecting all the payments of tolls and fines paid, for their subsequent claim “.
Also remember that from the beginning of this matter expressed its “rejection” of tolls in Gipuzkoa, understanding that “the road transport sector already contributes more than enough to the public coffers” of the territory “via the hydrocarbon tax.”
For its part, the Spanish Confederation of Goods Transport (CETM) has “celebrated” the new ruling of the TSJPV which, in his opinion, “highlights the tremendous injustice that was committed by subjecting only a part of the transport of goods by road, coming from outside Gipuzkoa, to these tolls”.
“Unfortunately, we are very afraid that the Provincial Council of Gipuzkoa will maintain, as it has done with previous similar sentences, the collection of tolls on the A-15 and NI “, adds the CETM, for which this fact “responds to an unjustifiable and unacceptable tax collection effort “ that “will end up colliding with the interests of all Gipuzkoans.”
Gipuzkoa will continue to collect tolls from trucks and will appeal the sentence
The Gipuzkoa Provincial Council announced this Tuesday that will continue to collect tolls for installed trucks at NI and A-15 So what resort to in cassation the judgment of the Superior Court of Justice of the Basque Country that it has once again annulled the provincial norm that regulates them.
The provincial deputy for Road Infrastructures, Aintzane Oiarbide, has made these statements in a statement after hearing the ruling of the Basque high court that cancels the second regional regulation that introduced a series of changes with respect to the initial one, which was also overthrown by the TSJPV, although it is being appealed before the Supreme Court.
Oiarbide has indicated that the sentence known today “It is not firm nor does it propose precautionary measures”, for which the Provincial Council “will continue to maintain the collection policy for which it was opted two years ago, with the endorsement of the Gipuzkoan Parliament, with the aim of financing the maintenance of this heavily traveled section of the Gipuzkoan road network by charging to heavy vehicles “.
The deputy has also announced that the provincial entity will file a cassation appeal before the Supreme Court within the 30-day period provided for in the sentence.
The regional manager has shown very critical of the meaning of the sentence and has remarked that the aforementioned Regional Regulation 6/2018 was “scrupulously drafted, following the European directive that orders payment for use in the trans-European axes and after obtaining the relevant guarantees from the European Commission”.
Has remembered that “the project of regional norm was sent to European authorities as a step prior to its approval in General Meetings and had the approval of the community leaders “.