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Parliamentary questions
3 February 2006
WRITTEN QUESTION by Simon Busuttil (PPE‑DE) to the Commission

 Subject:  Air travel departure tax in Malta/free movement of capital

On 1 August 2005 the Government of Malta raised the air travel passenger departure tax from EUR 23 to EUR 46. This tax applies to all flights commencing from Malta.

According to the European Court of Justice, ‘the freedom to provide services includes the freedom, for the recipient of services, to go to another Member State in order to receive a service there, without being obstructed by restrictions, even in relation to payments. Tourists, persons receiving medical treatment and persons travelling for the purposes of education or business are to be regarded as recipient of services.’ (Joined Cases 286/82 and 26/83 at para. 1 and para. 16.)

In view of the above-quoted jurisprudence, does the Commission consider the Maltese air (departure) tax to be compatible with EU law, notably with the principle of free movement of capital?

In particular, does the Commission consider that the said tax makes it more difficult for Maltese citizens to exercise their right to free movement of capital by travelling in other EU countries and spending their money in the said countries?

 OJ C 328, 30/12/2006
Last updated: 16 March 2006Legal notice