Legislator Case Law & Legislation
III ARN 71/94 AI generated

Supreme Court dismisses extraordinary review for failure to prove gross legal error regarding customs duty assessment.

Case Number III ARN 71/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the extraordinary review filed by a company against a customs authority's decision to declare duty assessments void. The company argued that the lower court failed to establish a gross legal error in applying the correct tariff rate, while the authority contended the initial assessment was flawed. The court ruled that the administrative court did not sufficiently prove the error was gross under the totality of circumstances, and the company failed to demonstrate reliance on the flawed decision.

Legislator headnote

AI generated

Art. 156 § 1 pkt 2 k.p.a.; Art. 421 § 1 k.p.c.: A gross legal error cannot be equated with any legal error; for a decision to be declared void, the error must be gross considering all circumstances, and the principle of reliance requires specific proof of the party's dependence on the decision.

Keywords

AI generated
extraordinary review gross legal error customs duty assessment principle of reliance administrative law tariff classification void decision

Cited Legislation

AI generated
Art. 156 § 1 pkt 2 k.p.a.
Art. 421 § 1 k.p.c.
art. 156 § 1 pkt 2 k.p
art. 156 § 1 k.p
art. 16 § 1 k.p
art. 7 k.p
art. 209 k.p
art. 421 § 1 k.p.c

Cited Case Law

AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text