Briefing note Sentence TC 140/2016, of 21 July (BOE 15 August)

BRIEFING NOTE ON COURT FILING FEES (Act 10/2012 of 20 November, governing specific fees in the scope of the Justice Administration and the National Toxicology and Forensic Sciences Institute.).

On August 15, 2016 the Official State Gazette published 2016, declaring the unconstitutionality and nullity of the court fees corresponding to the contentious-administrative and social jurisdictional orders and of certain fees corresponding to processes in the civil jurisdictional order.

Specifically, the fees required for the following processes were declared unconstitutional and invalid:

The variable amount of the fee was also declared invalid.

As of 15 August 2016 and with respect to fees declared invalid, the filing of a Self-assessment Form for the fee is not required.

Thus, as of this date, the obligation to file a self-assessment for the fee for a civil jurisdictional order only exists in the following types of processes and for a fixed amount:

The extent of this declaration of unconstitutionality in accordance with what is set forth in section 15 of the Sentence implies that the same “will only be efficient with regard to the future, i.e. regarding new assumptions or with administrative procedures and court processes where there is still not a firm ruling. In particular, to order the refund of amounts paid by parties in relation to fees declared null is not appropriate in the case of administrative and court procedures with a final decision; as well as in unfinished processes in which the person liable for payment of the fee paid it without contest to avoid new procedures or appeal, if applicable (article 24.1 EC), resulting in the mandatory payment of the rate.”

Madrid, 7 September 2016