Article 4094. Refusal to consider the complaint

The Customs authority refuses to consider the complaint in the following cases:

the complaint was filed after the expiration of the deadline established by this Code and does not contain a request for its restoration;

non-compliance of the complaint with the requirements established by Article 4093 of this Code;

before a decision on the complaint was made, an application was received from the person who filed it to withdraw the complaint in whole or in part;

the complaint was filed by an unauthorized person;

a complaint was previously filed on the same grounds;

the complaint was filed within the framework of an initiated criminal case or to court.

The customs body considering the complaint decides to leave it without consideration in whole or in part within five days from the date of receipt of the complaint or the application for its withdrawal in whole or in part.

The decision made is notified in writing to the person who filed the complaint within three days from the date of its adoption.

In the cases provided for in paragraphs two and three of part one of this article, the refusal of the customs authority to consider a complaint does not exclude the right of a person, within the period established by Article 4092 of this Code, to re-file a complaint or go to court.