Tax expert Dr. John Saad confirmed the new directive, stating that it aligns with a ruling by the Supreme Administrative Court on March 4, 2025, which grants administrative bodies the right to reclaim financial differences paid out based on a Court of Administrative Justice ruling that was subsequently annulled by the Supreme Administrative Court.
According to the legal reasoning, once the Supreme
Administrative Court nullifies a lower court's decision to pay financial
differences to an employee, the administrative body has the right to reclaim those
funds. The ruling asserts that the money paid to the employee is no longer
rightfully theirs and must be returned to the administrative body.
Dr. Saad added that administrative bodies are bound by the
legal force of the final judgment, which supersedes public order
considerations. He stressed that these bodies must act to enforce the ruling
and not fail to apply any of its effects. He explained that failing to reclaim
these unentitled funds effectively obstructs the legal force of the final
judgment and undermines its purpose.
