Editorial: ‘Windfall Taxes’ under Regulation (EU) 2022/1854: Soon Gone With the Wind? - EC Tax Review View Editorial: ‘Windfall Taxes’ under Regulation (EU) 2022/1854: Soon Gone With the Wind? by - EC Tax Review Editorial: ‘Windfall Taxes’ under Regulation (EU) 2022/1854: Soon Gone With the Wind? 33 6

Regulation (EU) 2022/1854 obliged Member States to introduce, on a temporary basis, a cap on market revenue of certain electricity producers, and either a ‘mandatory temporary solidarity contribution’ or ‘equivalent national measures’ for enterprises in the oil, coal, gas and refinery sectors. Meanwhile, both the Regulation as such and the different types of domestic measures have come under fire before the European and the domestic courts. There is a good chance that neither the Regulation nor the measures taken by the Member States will survive closer legal scrutiny, and that this first-ever attempt of the EU to let Member States introduce ‘windfall taxes’ may turn out to be a failure.

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