Portuguese Administrative Court dismisses public entity's appeal regarding illegal administrative act annulment by administrative judge.
Legislator summary
AI generatedThe Supreme Administrative Court unanimously dismissed the Public Entity's appeal against the annulment of an administrative act. The entity argued the act was lawful and within its powers, while the administrative judge found procedural defects. The court upheld the annulment, ruling that the administrative judge correctly identified the illegality despite the entity's objections.
Legislator headnote
AI generatedArt. 52.º da Lei n.º 83/2017; Art. 262.º do Código de Processo Administrativo: The annulment of an administrative act by a judge is final and binding, and the administrative entity cannot successfully appeal against a finding of illegality based on procedural defects.
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[Nº CONVENCIONAL] JSTA000P22432
[Nº DO DOCUMENTO] SA2201710250964
[RECORRENTE] A...
[RECORRIDO 1] FAZENDA PÚBLICA
[URL] https://www.dgsi.pt/jsta.nsf/35fbbbf22e1bb1e680256f8e003ea931/93FD46F55BBCA112802581C600497B2C?OpenDocument