Administrative notification

The Supreme Court (TS) has reviewed a case related to the notification of an administrative act to an entity that had received a grant and had to return part of it. The issue arose when the Administration attempted to personally notify the refund resolution using its own public employees, instead of resorting to the usual postal service. The affected entity appealed out of time because it believed that the notification had not been done correctly, since the two attempts to deliver the resolution were made on the same day and, in addition, no notice was left in the mailbox or at the door. The TS clarifies that, although an

Administration employee can directly notify on paper, this does not mean that it can be done in any way. There are a series of mandatory steps that must be followed to ensure that the person or company actually has knowledge of the administrative act. If the recipient is not found at their home, an attempt must be made to deliver the notification to another present person who meets certain requirements. Only if this fails, it must be recorded in the file and a second attempt must be made, but this must be at a different time and on the three following days, not the same day. In addition, the TS makes it clear that the rules that apply to

postal service notifications (such as considering valid what the mail carrier says) do not extend to Administration employees. In this specific case, the dismissal of the appeal was annulled because the notification procedure was not correct, especially for not respecting that deadline for attempts and different hours, which is essential to protect the rights of the interested party against the Administration. If you feel aggrieved and dissatisfied with a decision of the Administration, our professionals are at your disposal to defend your interests