Administrative Procedures: Ministry of Finance

Administrative Procedures

Name: Claims prior to judicial actions, civil.
Type of procedure/service: Tax information
Subject: Taxes
SIA code: 997827
Description: Administrative claims are a prior requirement in order to file actions based on private or labour law against any Public Administration, except when said requirement is exempted by a provision in law.
Body responsible for the procedure: State Tax Administration Agency (EA0028512)

Instigating party

Recipient interested party

Documents

Deadline for resolution

6 Month(s)

Administrative silence interested party

Negative

Competent bodies

End of procedure

Appeals

Lodging of the corresponding civil or labour lawsuit, of which this procedure is a prior and mandatory administrative requirement.

Basic Regulations

Place of submission

Stages of procedure

Start: Lodging by the interested party. Once the prior claim has been lodged, the deadlines for performance of the judicial actions shall be interrupted and shall start running again as from the date on which express notification of the resolution is made or, as appropriate, from when it is deemed as dismissed due to expiration of the deadline.
Procedure: In the event of prior civil claims, the body with which the claim is lodged shall sent it, within a five days, to the competent body, together with all the background of the case. The body responsible for issuing the resolution may order that the case be completed with any necessary history, reports, documents or information.
End: Agreement by the competent body.

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