France's Constitutional Council on Saturday rejected a 75 percent upper income tax rate to be introduced in 2013 in a setback to Socialist President Francois Hollande's push to make the rich contribute more to cutting the public deficit.

The Council ruled that the planned 75 percent tax on annual income above 1 million euros ($1.32 million) - a flagship measure of Hollande's election campaign - was unfair in the way it would be applied to different households.

So they didn't rule on it as being unreasonably confiscatory and excessive but rather as being unfair in the way it would be applied to different households., whatever that may mean.

The government, naturally, has promised to redraft this "temporary" tax to meet the Council's objections and proceed with the plundering of the successful.
http://www.reuters.com/article/2012/12/2...E8BS05M20121229

Obama & Harry Reid are probably taking notes.