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III ARN 1/94 AI generated

Supreme Court dismisses appeal against housing allocation decision due to lack of gross legal violation.

Case Number III ARN 1/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court of Poland dismissed the extraordinary review against a housing allocation decision, upholding the lower court's reversal of the initial award. The applicants argued that the allocation violated the law because they already exceeded the 5 square meters per person threshold in their parents' home. The court found that the allocation was lawful because the applicants' specific circumstances, including a pregnancy and a family member's health needs, justified the slight excess in available space.

Legislator headnote

AI generated

Art. 156 § 1 pkt 2 k.p.a.; Art. 422 § 1 k.p.c.: A housing allocation decision is not void under extraordinary review if the minor deviation from the per capita area norm is justified by specific family circumstances such as health needs or pregnancy, and does not constitute a gross violation of law.

Keywords

AI generated
extraordinary review housing allocation per capita norm gross violation of law family circumstances void decision administrative appeal

Cited Legislation

AI generated
Art. 156 § 1 pkt 2 k.p.a.
Art. 422 § 1 k.p.c.
Art. 210 k.p.a.
Art. 211 k.p.a.
art. 156 § 1 pkt 2 k.p
art. 207 § 3 k.p
art. 16 k.p
art. 422 § 1 k.p.c

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