2023-10-27 15:22:37
The UPTR denounces an act published two and a half months late in the Moniteur, which would make the increase in kilometer tax rates for heavy goods vehicles illegal during this period.
Published on September 12
“This validation was not published in the Belgian Official Gazette on September 12, either more than two months following the entry into force of the tariff increase“, denounces the Professional Union of Transporters (UPTR). It therefore steps up to the plate and explains thatincreasing prices before publication in the Moniteur is quite simply “illegal”.
“In accordance with the rules for the publication of official acts, it did not have the force of law until ten days later,” adds Michaël Reul, secretary general of the UPTR.
When contacted, Sofico did not see it that way and replied that “the deadline for entry into force of the provision is not 10 days following publication in the Belgian Official Gazette, because the Walloon Government Decree of June 15, 2023 indicates a specific date of entry into force of the price scale on July 1, 2023“, replied the public body.
An argument which reinforces the UPTR, which does not intend to accept retroactivity of the decree before its publication.
The UPTR therefore took out its calculators. Of the 40 million euros in additional revenue over one year, 2.5 months of increase would be illegal according to the UPTR, or more than 8 million euros.
“The UPTR urges Sofico to be required to reimburse all amounts illegally collected.”
“The UPTR urges Sofico to be required to reimburse – automatically – all sums illegally collected, plus legal interest (at the applicable rate of 12%/year),” insists Michaël Reul.
The UPTR has therefore prepared for its members a standard reimbursement request letter to send to Sofico and Viapass. The goal is to arm yourself legally if collective action were to be taken to recover these sums subsequently, because it is likely that this file will go through the lawyers’ box.
Incidentally, “the UPTR asks Minister Henry to assume the consequences of the failures of the services for which he is politically responsible”, once more demands Michaël Reul, who does not lose his temper.
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