London Daily

Focus on the big picture.
Friday, Feb 20, 2026

Exxon sues over EU fossil fuel ‘windfall tax’

Exxon sues over EU fossil fuel ‘windfall tax’

Lawsuit claims EU executive lacks authority to impose taxes and contests use of emergency procedure.
U.S. oil giant ExxonMobil has challenged the European Commission's proposal to levy excess profits from European Union-based oil and gas firms at the General Court of the EU, the company said Wednesday.

The lawsuit — filed through subsidiaries in Germany and the Netherlands — argues that the measure is a tax, which is a right reserved for national governments, and contests the use of the EU Treaty's Article 122, an emergency procedure that excludes the European Parliament, to enact the legislation.

Under Article 122, the Commission initiates a legislative proposal, but it is the Council that adopts the measure via a qualified majority vote of EU member countries.

"Our affiliates, ExxonMobil Producing Netherlands BV and Mobil Erdgas-Erdöl GmbH, are suing the European Council in a bid to annul a new windfall tax on oil and gas companies," said ExxonMobil spokesman Casey Norton in Texas.

EU countries in September passed an emergency package of legislation aimed at tackling soaring energy prices. It included a temporary minimum 33 percent tax — dubbed a "solitary contribution" — on profits for fossil fuel and refinery companies that exceed a four-year historical average by 20 percent. The relevant profits could be from fiscal years 2022 or 2023, depending on the country.

"This litigation is driven by our concern about the unintended long-term effects of this policy on the competitiveness of European industry," the spokesman said via email. "This tax will undermine investor confidence, discourage investment, and increase reliance on imported energy and fuel products."

The suit does not prevent the legislation from taking effect — and without any time limits on the court to decide the case, it could be years before a judgment is pronounced.

The legislative package at issue also includes taxes dubbed "revenue limits" for electricity generators and financial relief for certain retail consumers.

“The Commission maintains that the measures in question are fully compliant with EU law,” said Arianna Podestà, a Commission spokesperson. In an email, she added that the measure aims to “ensure the whole energy sector pays its fair share in these difficult times for many to address the extraordinary energy crisis resulting from the weaponisation of the energy supply by Russia.”

The Commission estimates the temporary measure could bring in up to €25 billion, to be redistributed by member countries.

"We recognize that the energy crisis in Europe is weighing heavily on families and businesses, and we’ve been working to increase energy supplies to Europe," ExxonMobil's Norton said. "Our challenge is targeted only at the counter-productive windfall profits tax, and not any other elements of the package to reduce energy prices."

The case concerns one of the first instances of the EU's use of the emergency Article 122 for energy legislation, potentially making it a test case.

"The windfall tax will not remedy any shortage of energy supply and cannot realistically achieve a timely impact, so the European Commission and Council were wrong to use exceptional powers under Article 122(1) TFEU to speed its approval," Norton added.

EU countries have also used the emergency procedure to mandate minimum natural gas storage levels, cuts in winter electricity and gas use, the joint purchasing of gas supplies, and a maximum cap on wholesale natural gas prices within the bloc.

"ExxonMobil has been one of the largest investors in European refining over the last ten years, investing more than $3 billion in major refinery projects," said Norton, adding that "future [multibillion-euro] investments in Europe’s energy supply and transition" would "depend on how attractive and globally competitive Europe will be," and warning EU lawmakers to stick to "thoughtful policy ... at a time when Europe struggles to reduce its energy imports from Russia."

The European Council did not respond to a request for comment.
Newsletter

Related Articles

0:00
0:00
Close
UK Confirms Preferential U.S. Trading Terms Will Continue After Supreme Court Tariff Ruling
U.S. and U.K. to Hold Talks on Diego Garcia as Iran Objects to Potential Military Use
UK Officials Weigh Possible Changes to Prince Andrew’s Position in Line of Succession Amid Ongoing Scrutiny
British Police Probe Epstein’s UK Airport Links and Expand High-Profile Inquiries
United Kingdom Denies U.S. Access to Military Base for Potential Iran Strike
British Co-founder of ASOS falls to his death from Pattaya apartment
Early 2026 Data Suggests Tentative Recovery for UK Businesses and Households
UK Introduces Digital-First Passport Rules for Dual Citizens in Border Control Overhaul
Unable to Access Live Financial Data for January UK Surplus Report
UK Government Considers Law to Remove Prince Andrew from Royal Line of Succession
UK ‘Working Closely with US’ to Assess Impact of Supreme Court Tariff Ruling
Trump Criticises UK Decision to Restrict Use of Bases in Potential Iran Strike Scenario
UK Foreign Secretary and U.S. State Chief Hold Strategic Talks as Tensions Rise Over Joint Air Base
Two teens arrested in France for alleged terror plot.
Nordic Fracture: How Criminal Scandals and Toxic Ties are Dismantling the Norwegian Crown
US Supreme Court Voids Trump’s Emergency Tariff Plan, Reshaping Trade Power and Fiscal Risk
King Charles III Opens London Fashion Week as Royal Family Faces Fresh Scrutiny
Trump’s Evolving Stance on UK Chagos Islands Deal Draws Renewed Scrutiny
House Democrat Says Former UK Ambassador Unable to Testify in Congressional Epstein Inquiry
No Record of Prince Andrew Arrest in UK as Claims Circulate Online
UK Has Not Granted US Approval to Launch Iran Strikes from RAF Bases, Government Confirms
AI Pricing Pressure Mounts as Chinese Models Undercut US Rivals and Margin Risks Grow
Global Counsel, Advisory Firm Co-Founded by Lord Mandelson, Enters Administration After Client Exodus
London High Court dispute over Ricardo Salinas’s $400mn Elektra share-backed bitcoin loan
UK Intensifies Efforts to Secure Saudi Investment in Next-Generation Fighter Jet Programme
Former Student Files Civil Claim Against UK Authorities After Rape Charges Against Peers Are Dropped
Archer Aviation Chooses Bristol for New UK Engineering Hub to Drive Electric Air Taxi Expansion
UK Sees Surge in Medical Device Testing as Government Pushes Global Competitiveness
UK Competition Watchdog Flags Concerns Over Proposed Getty Images–Shutterstock Merger
Trump Reasserts Opposition to UK Chagos Islands Proposal, Urges Stronger Strategic Alignment
Greek Prime Minister Kyriakos Mitsotakis advocates for a ban on minors using social media.
Liberal Senator Michaelia Cash Accuses Prime Minister of Lying to Australians
Meanwhile in Time Square, NYC One of the most famous landmarks
Jensen Huang just told the story of how Elon Musk became NVIDIA’s very first customer for their powerful AI supercomputer
A Lunar New Year event in Taiwan briefly came to a halt after a temple official standing beside President Lai Ching‑te suddenly vomited, splashing Lai’s clothing
Jillian Michaels reveals Bill Gates’ $55 million investment in mRNA vaccines turned into over $1 billion.
Ex-Prince Andrew Mountbatten-Windsor's arrested
Former British Prince Andrew Arrested on Suspicion of Misconduct in Public Office
Four Chagos Islanders Establish Permanent Settlement on Atoll
Unitree Robotics founder Wang Xingxing showcases future robot deployment during Spring Festival Gala.
UK Inflation Slows Sharply in January, Strengthening Case for Bank of England Rate Cut
Hide the truth, fake the facts, pretend the opposite, Britain is as usual
France President Macron says Free Speech is Bull Sh!t
Viktor Orbán getting massive praise for keeping Hungary safe, rich and migrant-free!
UK Inflation Falls to Ten-Month Low, Markets Anticipate Interest Rate Cut
UK House Prices Climb 2.4% in December as Market Shows Signs of Stabilisation
BAE Systems Predicts Sustained Expansion as Defence Orders Reach Record High
Pro-Palestine Activists Cleared of Burglary Charges Over Break-In at UK Israeli Arms Facility
Former Reform UK Councillors Form New Local Group Amid Party Fragmentation
Reform UK Pledges to Retain Britain’s Budget Watchdog as It Seeks Broader Economic Credibility
×