On Thursday 12 September, the Constitutional Council approved a new tax on long-distance transport infrastructure, which is supposed to finance the ecological transition with 600 million euros per year and which was contested by the companies managing airports and motorways. The members of the Council considered that this tax, which is only applicable from a certain threshold of turnover and profitability, does not constitute a breach of equality with other transport infrastructure operators, nor a breach of the law. “excessive burden in relation to their taxable capacity”.
Several French airport operators, in particular the Aéroports de la Côte d’Azur company (Nice), the ADP group (Paris-Charles-de-Gaulle and Orly) but also the Union des Aéroports Françaises (UAF). The motorway company AREA, a subsidiary of the Eiffage group, was also among the plaintiffs.
“Competence”
They believe that the tax, which only applies to companies with a turnover of at least 120 million euros and whose average profitability threshold reaches 10%, establishes “unjustified differences in treatment between those responsible”. The accumulation of this tax with the corporate tax results in “at a confiscatory rate level”according to these companies. “This new tax, applied only in France, puts French airports in a difficult position compared to other European airports, knowing that there is competition that continues to develop”lamented the president of the UAF, Thomas Juin.
All revenue from this new tax decided in the 2024 budget by Bercy, in the name of the ecological transition, must supplement the budget of the Agency for Financing Transport Infrastructure (AFIT). Three-quarters would come from the motorway sector and a quarter from air transport, since only the largest airports (Orly and Roissy, Nice, Marseille and Lyon) are concerned.
“In short, this represents a loss of almost 150 million euros per year for the affected airports”estimated Thomas June. “This tax, this imposition that increases substantially, would have the consequence of reducing the investment programs of these airports”he added.
Vinci Autoroutes has estimated that the tax would cost it €280 million by 2024. Motorway companies have also threatened to significantly increase toll prices in 2025 to compensate for this new tax, something the government disputes. The toll rate is calculated based on inflation and motorway companies’ investment plans.
