The Court of Rome takes an innovative stance on the right to a refund of the provincial surtax to the excise tax on electricity charged to end consumers by energy suppliers, moving from the illegitimacy of the surtax for being contrary to EU law. The application on a national scale nationwide of this case law trend, according to Confindustria estimates, would result in an entitlement to refunds of approximately 3.4 billion euros.
The procedural strategy was also particularly innovative. It was hinged on a request for injunction instead of the ordinary proceeding, which distinguished this case from others started in Italy.
Giovannelli e Associati assisted and represented Leonardo Group in court with a team led by of counsel Gianni Roj and partner Stefano Traniello, and partner Eugenio Romita for tax aspects, with the support of associate Gianluca Sica and trainees Alessandra Gritti and Carlo Pilia.