Independent MEP Marian Harkin has called for an immediate change to Irish legislation involving a Vehicle Registration Tax (VRT) issue which has caused considerable problems for people in border and adjacent counties.
Following the outcome of the Donegal District Court case, Revenue v John Doherty, earlier this week and the 2012 judgement of the European Court of Justice Case C-578/10-580/10 van Putten, Mook and Frank, which clearly states that a State cannot charge registration tax on a vehicle if that vehicle is not being used on a permanent basis in that State, Marian Harkin MEP has written to Minister Noonan asking him if he will amend Irish legislation to take account of these judgements.
“For the past number of years I have worked in the Petitions Committee of the European Parliament with constituent Ryan Stewart where he uncovered this European Court Judgement which formed the basis for the Carndonagh judgement. If the Minister does not respond by changing the legislation immediately a complaint will be made to the European Commission to insist that Ireland amends its legislation”, the Independent MEP said.
“Furthermore there is a situation where citizens have been fined on the spot or by the courts in the last few years and these fines were in error in that they were contrary to EU legislation”, she said.
“In my view, certainly since the ECJ ruling in 2012, the Irish state was illegally fining citizens in the situation described in the Court ruling. These citizens deserve to be recompensed and the Minister should immediately set about rectifying this wrong otherwise it means that the State can act illegally and get away with it,” she concluded.