Stellungnahme von "Your Europe Advice":
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Dear Mr Pirker,
In the frame of its decreto-legge no 201 salva italia of 6th December 2011 the Italian government is indeed about to impose a significant tax on all private use aircraft, including gliders and balloons, whether they be registered in Italy or transcients from other countries. Article 14 bis of the decreto-legge seems to impose the tax on foreign registered aircraft that remain in Italy for more than 48 hours with the possible consequence that a foreigner visiting or conducting business in Italy in an aircraft or 2 days must pay the same amount as does the Italian resident for an entire year. This could mean for you that you have to pay a lump sum of 450 per year if you fly to Italy with your glider or balloon and stay there for longer than 48 hours.
Once applicable, Article 14 bis of the decreto-legge could therefore indeed pose a problem under European law:
It could discriminate EU citizens who are not resident in Italy against Italian residents and and it could form an obstacle to the functioning of the European Internal Market.
Incidentally, the imposition of taxes on foreign registered aircraft may
contravene provisions of Article 15 of the International Civil Aviation Organisations Convention on International Aviation.
As far as we know, the Italian Aircraft Owners and Pilots Association has already approached the European Commission and the Italian government on this issue.
You can download the decreto-legge under - download.repubblica.it/pdf/2011/senato3.pdf - and the
ICAO Convention on International Aviation on [
www.unhcr.org].
Finally, the Italian Aircraft Owners and Pilots Associations statements on this problem are available
under [
www.aopa.it].
Yours sincerely
Your Europe Advice
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Yours sincerely,
Your Europe Advice