CELEX: 62013CN0606
Language: en
Date: 2013-11-25 00:00:00
Title: Case C-606/13: Request for a preliminary ruling from the Kammarrätten i Sundsvall (Sweden) lodged on 25 November 2013 — OKG AB v Skatteverket

8.2.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 39/8
            
         Request for a preliminary ruling from the Kammarrätten i Sundsvall (Sweden) lodged on 25 November 2013 — OKG AB v Skatteverket
   (Case C-606/13)
   2014/C 39/14
   Language of the case: Swedish
   
      Referring court
   
   Kammarrätten i Sundsvall
   
      Parties to the main proceedings
   
   
      Applicant: OKG AB
   
      Defendant: Skatteverket
   
      Questions referred
   
   
               1.
            
            
               Article 4(2) of the Energy Taxation Directive (1) states that ‘level of taxation’ is the total charge levied in respect of all indirect taxes (except VAT) calculated directly or indirectly on the quantity of electricity at the time of release for consumption. Under Article 21(5) of that directive, electricity is to be subject to taxation and the tax liability is to become applicable at the time of supply by the distributor or redistributor. Do these articles preclude a tax levied on the thermal power of nuclear reactors?
            
         
               2.
            
            
               Does a tax on thermal power constitute an excise duty which is levied directly or indirectly on the consumption of such goods (excise goods) as are referred to in Article 1(1) of the Excise Duty Directive? (2)
               
            
         
      (1)  Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (OJ 2003 L 283, p. 51).
   
      (2)  Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty and repealing Directive 92/12/EEC (OJ 2009 L 9, p. 12).