Supreme Court allows appeal against mayor's invalidation of town council resolution despite missing internal decision at filing.
Legislator summary
AI generatedThe Supreme Court of Poland overturned the lower court's dismissal of a town council's appeal against a mayor's supervisory ruling. The council argued that the lack of an internal resolution at the time of filing did not invalidate their right to sue, as the resolution merely authorized the action rather than constituting the appeal itself. The court held that administrative courts cannot reject appeals solely for this procedural gap, as it would unduly restrict access to judicial protection and misinterpret the nature of the internal authorization.
Legislator headnote
AI generatedArt. 98 ust. 3 ustawy o samorządzie terytorialnym; Art. 204 § 1 k.p.a.: The absence of a municipal council resolution at the time of filing an appeal does not render the appeal inadmissible, as the resolution serves as an internal authorization rather than a formal element of the appeal.