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Claims prior to judicial actions, civil.

General Details

Denomination

Claims prior to judicial actions, civil.

Procedure type

Taxation

Subject

Taxes

Purpose

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.

Responsible body

State Revenue Office

General information about the procedure

Start form

interested

Applicant: Citizen - Company

Place for presentation

Telematics.

AEAT offices.

Post Offices.

Other places contemplated in article 16 of Law 39/2015

Documentation

Any documentation on which the claimant bases his or her right.

Phases of the procedure/service

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.

Forms

Electronic processing

Resolution deadline

6 months

Resolution body

State Revenue Office

Resources

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

Information related to electronic processing

Identification system

Electronic ID, Electronic Certificate, PIN Code

Level of interactivity

Level 4: Electronic processing

Regulations

Basic Regulations

Ley 40/2015, de 1 de octubre,

de Régimen Jurídico del Sector Público