The aviation tax or departure tax introduced by the federal government in 2022 has passed the test in the Constitutional Court. The court declared that the appeals submitted by the airline Ryanair, the Belgian Aviation Association and two private jet pilots were unfounded.
Since April 2022, anyone boarding a plane has to pay an additional tax. An aviation tax or departure tax is charged on each passenger’s departure from a Belgian airport. In addition to its budget goal, the tax also has an environmental goal. The tax itself ranges from 2 to 10 euros per passenger and is highest for short trips of less than 500 km.
Low-cost airline Ryanair, the Belgian Aviation Association and two private jet pilots have taken to the Constitutional Court against the new tax, but they are now wrong across the board.
For example, Ryanair found that the federal tax amounted to an infringement of the regions’ jurisdiction over the environment. But according to the Constitutional Court, the tax is proportional to the fiscal powers of the federal government, and the imposition of the tax does not prevent regions from continuing their environmental policy.
The airline also felt that the tax constituted a violation of the freedom to do business. But the Constitutional Court does not agree with this either. According to the court, there is “a fair balance between freedom of entrepreneurship and the right to protect a healthy environment.”
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