The Navarra High Court upheld the fine of a company that did not appeal because the employee who received the ticket did not present the fine to the company for appeal. The Chamber took into account that the company was formally notified when an employee of the company received a penalty notice.
According to the judgment, by the company's own admission, once the registered letter had been received by the executive, it was forgotten in a tray full of documents and not handed over to HR until there was reliable proof of this. when it was appealed.
It is not necessary to specify whether the undertaking is in bad faith (although there may be negligence), because the provisions on the notification of administrative action to third parties other than the addressee cannot be extrapolated.
Moreover, the final object of the communication is not a specific department of the company (e.g. the human resources department mentioned in the company's letter of complaint), nor a specific employee, but the whole company as a legal person. the resolution was communicated in due time and form, and it is undeniable that it was received by an employee (absolutely certain).
In addition, the ruling points out that, if the provisions of article 42.2 of the LPAC are applicable, the rule of notification to third parties by administrative means applies: "any person over 14 years of age who is present at the address and can prove their identity may be responsible for the address", This condition of course applies to any employee of the company who receives the notification. Even the Supreme Court, the reviewing magistrate, has shown that there must be no employment or dependency relationship between the receiving company and the recipient, and the notification of the company's address, the declaration is not received by the worker and does not violate the right to effective judicial protection.
The court recognises the validity and validity of the notification of the sanctioning decision at the address of the sanctioned legal entity, the infringement report is communicated at the same registered office, and even reaches the company to file a complaint. In other words, the effectiveness of the notifications of the corporate headquarters has been previously demonstrated.
Finally, the Magistrates explained that the manner in which a company organises within itself to transmit between its different departments and/or employees for communications validly received at their own addresses is its sole responsibility and what is unacceptable if it is a legal person, once a given notice has been given, the identity of the final recipients will be at its sole discretion, as it may (at any time and in accordance with its special interests) ensure that such notice has been sent to the employee and/or department.
