As we all remember, we where all very surprised when the invoice for the electricity services received at our company headquarters also contained that radio fee.

Many of us reacted mechanical and without thinking went ahead and paid this invoice, which includes this radio tax, whether they benefited or not of this service.

Perhaps this is the reason that the ones who voted for the introduction of this radio tax in the electricity invoice counted on, combined with the  indolence and lack of interest of the Romanian people for such matters.

This tax was collected by the Roamanian Broadcasting Company without any problems until a company in Cluj-Napoca asked in front of the Court to annul the provisions of Article 3 in paragraph 1 of the Decision of Gouverrnment no.. 977/2003 and article 3, paragraph 1 of the Decision of Gouvermnent no. 978/2003.

Thus, the High Court of Cassation and Justice decision no. 2102 dismissed the appeal of  the Romanian Government as unfounded  and dismissed also as unpaid the appeal of the  Roamanian Broadcasting Company and annulled the provisions contained in article 3 paragraph 1 of the Decision of Gouverrnment no. 977/2003 and article 3, paragraph 1 of the Decision of Gouvermnent no. 978/2003.

In the light of this decision, the legal persons that do not have the technical means of reception for Radio and  TV will no longer be obliged to pay the tax established by law for such services.

One might find at least strange the publication in the Official Gazette of the Government Decision no. 1012 of 09.09.2009 which amends G.D. no. 977/2003, stipulating that only the small companies that have suspended theyer activities are exempt from paying this  tax.

In this situation the following questions arise: what happens with the companies that do not have theyr activities suspended? Do they pay this fee or not?

The answer is simple, these companies can claim successfully in court the Suprem’s Court decision no. 2102 of which the provisions of the Article 3, paragraph 1 of G.D. no. 977/2003 were canceled, so in  order to pay a fee that was annulled by a court order that is final and irrevocable is not only illegal, but immoral also.