The Council of State cancels the private copying tax for refurbished devices
Following an appeal filed by SIRRMIET and the UFC-Que Choisir association, the Council of State finally settled this controversial subject: the private copying fee for refurbished mobile devices will be abolished next year.
The motivation is not pecuniary. The Council of State considered that the composition of the commission which adopted the decision on the scale of the private copying levy was “irregular” at the time of the vote.
In its decision of December 19, 2022, identified by L’Informé and of which ZDNet obtained a copy, the Council of State invalidated on this sole criterion decision n ° 22 of 1er June 2021 of the commission, adopting a differentiated scale for memories and hard disks integrated into refurbished multimedia telephones and refurbished multimedia touch tablets within the framework of remuneration for private copying.
This cancellation will take effect on 1er February 2023 and will not be retroactive. “The effects of this decision prior to its cancellation are considered final”, specifies the highest administrative court.
A tax that boosts the reconditioned industry
French smartphone reconditioning companies, through their union, have repeatedly expressed their dismay at the application of the private copying levy, which they consider excessive and unjustified.
As a reminder, the Council of State had rejected the appeal of the UFC-Que Choisir association based on a pecuniary argument, judging that the scale for private copying of refurbished smartphones and tablets was in no way excessive.