Restitution of tax barred by final assessment

ATA/508/1997Corte di giustizia / Camera amministrativa26 ago 1997Dismissed

Estratto da Omnilex

Sintesi Omnilex

The Administrative Court considered a claim for restitution of tax alleged to have been paid without cause. It held that a restitution action based on the general rule against undue enrichment depends on whether the payment was made without a valid legal basis at that time. Because the tax assessment had not been challenged and had become final, it provided a valid cause for the payment. The restitution claim was therefore dismissed.

Massima Omnilex

LPA art. 4 al. 3; restitution of undue payment in tax matters requires absence of a valid legal basis at the time of payment. A tax payment made pursuant to an uncontested and final assessment is not undue, since the final assessment itself constitutes valid causa solvendi; an action in repetition of the undue is therefore excluded where the assessment has entered into force unchallenged.

Testo completo

Descripteurs

PROCEDURE ADMINISTRATIVE; IMPOT; RESTITUTION DE L'IMPOT; VG

Normes

LPA.4 al.3

Résumé

La recevabilité d'une action en répétitiion de l'indû, principe général de l'ordre juridique, dépend de savoir si le paiement a été fait à l'époque sans cause valable. Or, une décision de taxation non-contestée et entrée en force est une cause valable de paiement

Parole chiave

taxationrestitutionundue paymentfinal assessmentlegal basis

Estratto da Omnilex

Questioni giuridiche chiave estratte da Omnilex

Questione giuridica chiave

Whether an action for restitution of undue payment is admissible when the tax was paid pursuant to a final, uncontested assessment.

Decisione estratta

No. A final, uncontested tax assessment constitutes a valid cause for payment, so the payment is not undue.

Motivazione estratta

The admissibility of restitution under the general principle of undue enrichment depends on whether the payment lacked a valid legal basis at the time it was made. Here, the tax assessment had entered into force without challenge, therefore it supplied a valid cause.

Restitution of tax barred by final assessmentGenerato dall'IA