Supreme Court allows appeal despite missing council resolution, ordering court to set hearing for document submission.
Legislator summary
AI generatedThe Supreme Court of Poland overturned the Supreme Administrative Court's dismissal of a mayor's appeal regarding an invalidity ruling. The lower court rejected the appeal because the town council had not yet adopted the required resolution to file it, arguing this was a formal defect. The Supreme Court held that the absence of the resolution does not render the appeal inadmissible; instead, the court must order the submission of the document to allow the case to proceed on its merits.
Legislator headnote
AI generatedArt. 98 ust. 3 ustawy o samorządzie terytorialnym; Art. 207 § 6 k.p.a.: The failure to attach a town council resolution to an appeal against a supervisory ruling does not constitute a formal defect or ground for inadmissibility; the court must order the document's submission and set a hearing if the resolution is later provided.