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A query was raised regarding whether a new fee must be paid or if the previous one should be refunded following a dismissal due to lack of court jurisdiction. The DGT ruled that, as it constitutes a new claim, the corresponding amount must be paid without the right to a refund.
Cuestión planteada Procedencia de la exigencia de nueva tasa y, en su caso, devolución de la ya satisfecha.
Al presentarse una nueva demanda tras el archivo de la anterior por falta de competencia objetiva del juzgado, se debe abonar el importe de la tasa previsto en el artículo 2 a) de la Ley 10/2012. Por tanto, no procede la devolución de la tasa satisfecha en el proceso anterior.
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