No suspension required pending tax complaint

ATA/795/1998Court of Justice / Administrative ChamberDec 8, 1998Dismissed

Extracted by Omnilex

Omnilex summary

The tenant asked OCL to stay the housing procedure until a complaint filed with AFC had been finally decided. The court held that no such suspension could be required and rejected the request. The decision therefore leaves the OCL procedure in force without awaiting the tax complaint outcome.

Omnilex headnote

LGL 31C; suspension of housing procedure pending parallel tax proceedings: a stay is not required merely because the tenant has filed a complaint with the AFC. The administrative authority may continue the procedure where the parallel tax challenge does not impose a prejudicial question warranting suspension; the mere pendency of another remedy is insufficient to compel a stay.

Full text

Descripteurs

LOGEMENT; ALLOCATION DE LOGEMENT; LOGEMENT SOCIAL; SUSPENSION DE LA PROCEDURE; REVENU; TPE

Normes

LGL.31C

Résumé

On ne saurait exiger de l'OCL qu'il sursoie jusqu'à droit jugé sur une réclamation déposée par le locataire auprès de l'AFC.

Keywords

housingsocial housingsuspension of proceedingsincometax complaint

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether OCL had to suspend the housing procedure until the tenant's complaint before AFC was finally resolved.

Extracted holding

No suspension could be required on that basis.

Extracted reasoning

The pending complaint before AFC did not justify awaiting a final decision before continuing the OCL procedure.

No suspension required pending tax complaintAI generated