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Initial appeal against Spain's 'Telecomms Tax' turned down

Wed 30th Mar 2011

It is almost 2 years since the Spanish Government approved the Financing Act Corporation of Radio and Television (the RTVE Financing Act) to regulate the new financing of public radio and TV, which led to a mandatory tax of 0.9% of the gross income of private radio and TV broadcasters.

The broadcasters began legal action against the 0.9% tax by arguing that the RTVE Financing Act went against an EU directive, which stipulates that specific fees charged to operators must be specifically allowed in this Directive.

The Spanish Supreme Court recently rejected the request for a preliminary injunction with regards to the suspension of these fees being paid to the Government, which was claimed by some of the larger broadcasters. The Supreme Court upheld that the broadcasters should file their claims with the Telecommunications Market Commission.

Furthermore, the Supreme Court also held that the suspension of the fees would have severe negative effects on the Spanish General Budget.

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