Decision of the Administrative Court on the advertisement-tax refund claim in Tallinn01.12.2015
On 25 August 2014, Tallinna Kaubamaja Grupp AS published a stock exchange release on the claims for the advertisement tax refund. On 11 February 2015 and 21 May 2015, we announced the court’s judgements on the advertisement tax paid in Pärnu and Tartu. On 30 November 2015, the court also communicated the judgement on the claim for refund of the advertisement tax paid in Tallinn. The Tallinn Administrative Court dismissed the appeal of the subsidiaries of Tallinna Kaubamaja Grupp AS against the notice of assessment of the Tallinn City Government refusing to refund the advertisement tax paid during the period of 1 June 2011 to 1 July 2014.
The Tallinn Administrative Court arrived at a decision that, although the judicial practice of the Supreme Court of Estonia provides that all important elements of public financial obligations must be established by law, this position cannot be extended to local taxes. The court considers that the elements of the legal relationship related to the advertisement tax must not be established by law, since the Constitution provides local governments with the right to levy and collect taxes on the basis of the law. The subsidiaries of Tallinna Kaubamaja Grupp AS intend to appeal the judgment.