This new French carbon tax was scheduled to go into law on Jan1, 2010. The tax was steep: 17 euros per ton of carbon dioxide (USD $24.40). In a stunning move, and surely a blow to warmists everywhere, the tax has been found unconstitutional and thrown out. Originally found here (Google Translation).

Lord Monckton was kind enough to assist me in deciphering the meaning of the ruling and writes:

In France, if at least 60 Deputies of the House and 60 Senators appeal to the Constitutional Council, it has the power to pronounce on the constitutionality of a proposed law – in the present case, the 2010 national budget of France, which contained enabling provisions (loi deferee) for a carbon levy. The Council found that these enabling provisions were unconstitutional on two grounds: that the exemptions contained within the provisions for a carbon levy vitiated the primary declared purpose of the levy, to combat carbon emissions and hence “global warming”; and that the exemptions would cause the levy to fall disproportionately on gasoline and heating oils and not on other carbon emissions, thereby breaching the principle that taxation should be evenly and fairly borne.

The Press release from the French Constitutional Council is here in English (Google Translated) and in original French

Here’s a Deustch-Welle news article on the reversal.

Großansicht des Bildes mit der Bildunterschrift: The council said the tax had too many exemptions France’s Constitutional Council says the country’s proposed carbon tax is illegal. This is a severe blow to French President Nicolas Sarkozy’s plans to fight climate change.

France’s Constitutional Council has struck down a carbon tax that was planned to take effect on January 1st. The council, which ensures the constitutionality of French legislation, said too many polluters were exempted in the measure and the tax burden was not fairly distributed.

It was estimated that 93 percent of industrial emissions outside of fuel use, including the emissions of more than 1,000 of France’s top polluting industrial sites, would be exempt from the tax, which would have charged 17 euros per ton of emitted carbon dioxide.

French President Nicolas Sarkozy has argued the tax is necessary to combat climate change and reduce the country’s dependence on oil.

However, the council’s ruling is a severe blow to both Sarkozy’s environmental plan as well as France’s budget for 2010. The government now has to find a way to come up with about 4.1 billion euros in revenue that was expected from the tax.

h/t to WUWT reader Dirk H

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