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ข้อมูลกฎหมาย/กฎ คำพิพากษา คำสั่งของศาลปกครองสูงสุดในรูปแบบดิจิทัล
Claiming a Refund of Overpaid Port Dues
Claiming a Refund of Overpaid Port Dues

A fifty-percent discount of the prescribed port dues rate shall apply to a general cargo ship passing the water channel more than six trips in one year, or an oil tanker and other ship passing the water channel more than eight trips in one month, pursuant to the Notice of the Port Authority of Thailand on the Revision of the Dues and Charges Rate. The Plaintiff is not entitled to receive the discount since its ship is not considered as a general cargo ship. The Plaintiff’s ship is a container ship which is categorized as a cargo ship, according to the resolution of the Dues and Service Fees Rate Committee. Moreover, the Notice of the Port Authority of Thailand provides that the Dues and Service Fees Rate Committee has discretion as it sees appropriate to determine a discount rate of port dues for a general cargo ship, an oil tanker or other ship. It does not require the Dues and Service Fees Rate Committee to prescribe a discount rate of port dues for all types of ship. The Dues and Service Fees Rate Committee had not specified a discount rate of port dues for a container ship; as a result, there was no discount applied to the Plaintiff. The Defendant lawfully collected the Plaintiff port dues with no discount applied so the Defendant would not have to refund overpaid port dues to the Plaintiff as claimed. In addition, the resolution of the Dues and Service Fees Rate Committee to deny refunding an overpayment of port dues to the Plaintiff is not an administrative act. The Plaintiff was not aggrieved or injured resulting from an act by an administrative agency.A fifty-percent discount of the prescribed port dues rate shall apply to a general cargo ship passing the water channel more than six trips in one year, or an oil tanker and other ship passing the water channel more than eight trips in one month, pursuant to the Notice of the Port Authority of Thailand on the Revision of the Dues and Charges Rate. The Plaintiff is not entitled to receive the discount since its ship is not considered as a general cargo ship. The Plaintiff’s ship is a container ship which is categorized as a cargo ship, according to the resolution of the Dues and Service Fees Rate Committee. Moreover, the Notice of the Port Authority of Thailand provides that the Dues and Service Fees Rate Committee has discretion as it sees appropriate to determine a discount rate of port dues for a general cargo ship, an oil tanker or other ship. It does not require the Dues and Service Fees Rate Committee to prescribe a discount rate of port dues for all types of ship. The Dues and Service Fees Rate Committee had not specified a discount rate of port dues for a container ship; as a result, there was no discount applied to the Plaintiff. The Defendant lawfully collected the Plaintiff port dues with no discount applied so the Defendant would not have to refund overpaid port dues to the Plaintiff as claimed. In addition, the resolution of the Dues and Service Fees Rate Committee to deny refunding an overpayment of port dues to the Plaintiff is not an administrative act. The Plaintiff was not aggrieved or injured resulting from an act by an administrative agency.







ปรับปรุงข้อมูลเมื่อ : 7 มิ.ย. 2562, 12:58 น. | กลับขึ้นด้านบน |