FranceLégifrance
State kept VAT twice: manager recovers €257,257
After Haziel paid €257,257 in VAT reassessments, its manager's same-sum criminal damages were double recovery; the State must return them.
By Taxxa AI OyPublished 10 November 2026
Industry: Across industries
A manager who personally paid for a company's VAT debt after the company had already paid it gets the money back. In a Lebon-published ruling of 10 November 2026Legifrance, the Conseil d'État's 9th and 10th chambers ordered the State to return 257,257 euros
Legifrance to the former manager of a furnished-rental company, holding that keeping both the company's VAT reassessments and the manager's criminal damages for the same credits was enrichment without cause
Legifrance.
The manager was the gérant and sole shareholder of the company Haziel. After an audit covering 1 January 2006 to 31 December 2007, the tax administration clawed back 257,257 euros of VAT credits it had first refunded, through VAT reassessmentsLegifrance. The company fought the assessment litigation to the end: the Nancy administrative court of appeal definitively rejected discharge on 3 March 2016, and the company paid on 31 August 2017
Legifrance. In parallel, the administration's criminal complaint against the manager produced a fraud conviction, confirmed on appeal at Metz on 13 October 2013 and final after the Cour de cassation rejected his appeal, ordering him to pay the State 257,257 euros in civil damages
Legifrance for the loss to the Treasury measured on the refund claims he had signed for Haziel. He paid that sum on 6 September 2017.
Legifrance
He then asked the Strasbourg administrative tribunal to order the State to pay 277,257 euros for fault, or subsidiarily to return the 257,257 euros as unjust enrichment. The tribunal rejected the claim in May 2022Legifrance, and the Nancy court of appeal, annulling that judgment but deciding the case itself in March 2025
Legifrance, rejected it again on both grounds
Legifrance.
On the fault ground the Conseil d'État leaves the rejection standing.Legifrance The appeal court had found no fault either in collecting the reassessments from the company or in joining the criminal case as civil party to recover the same refunded credits, and had noted the State pursued no further recovery from the company after the manager paid. Those no-fault findings alone justify rejecting the liability claim, so the appeal court's additional remarks that the reassessments did not duplicate the criminal payment were merely superabundant: any error in them cannot annul the ruling.
On unjust enrichment the outcome flips. Each payment was lawful when made, but the appeal court's own findings showed the 257,257 euros had no other object than to repair the loss caused to the Treasury by the company's unpaid VATLegifrance, and the company had by then paid the reassessments
Legifrance. Keeping it gave the State double recovery for one loss.
Legifrance The appeal court committed an error of law in holding that retention was not unjust enrichment
Legifrance, and its decision is annulled on that head
Legifrance.
Deciding the merits itself, the Conseil d'État first rejects the State's parallel-remedy objection: the manager's personal restitution claim has a different object from the company's assessment-discharge litigation, so it is admissibleLegifrance. It then orders the State to return the 257,257 euros paid on 6 September 2017
Legifrance, and adds 5,000 euros for costs, rejecting the surplus of the appeal.
Legal basis: Code civil, article 1303 on unjustified enrichment, applied through Code de justice administrative, articles L. 821-2 on deciding the merits after cassation and L. 761-1 on costs.
Where a VAT reassessment paid by the company overlaps a manager’s criminal damages for the same credits, plead unjust enrichment for restitution of the second payment.