Judgment No. 2565

• Organization: World Customs Organization (Customs Co-operation Council) (WCO (CCC))
• Date: 12.07.2006
• Original: French
• Judges: Gentot, Ba, Rouiller
• Full judgment text - Full judgment text (french)

Decision

The complaints are dismissed.

Consideration 7(a)

Extract:

"According to a general principle of law, whoever has paid a sum mistakenly is entitled to recover it within a reasonable time provided the person can prove that the sum was paid in the mistaken belief that it was owed (see Judgments 497, under 6, and 1195, under 3)."

Reference(s)

ILOAT Judgment(s): 497, 1195

Keywords

reasonable time; amount; burden of proof; general principle; recovery of overpayment; unjust enrichment; condition; payment; right

Consideration 7(c)

Extract:

"A claim for recovery of undue payment is not imprescriptible and must be brought in reasonable time (see Judgment 53, under 4)."

Reference(s)

ILOAT Judgment(s): 53

Keywords

reasonable time; time bar; recovery of overpayment; request by a party