Supreme Court quashes lower court decision for incorrect start date of appeal period when municipality fails to notify parties.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland quashed the Lower Administrative Court's decision rejecting the plaintiffs' appeal against a municipal resolution. The plaintiffs had requested the removal of legal violations caused by the resolution but received no notification from the municipality regarding its stance. The lower court incorrectly calculated the appeal deadline as starting from the end of the two-month period for handling the request, whereas the Supreme Court ruled it should start from the expiration of that period due to the lack of notification. Consequently, the Supreme Court found the lower court's application of the procedural statutes erroneous and restored the plaintiffs' right to appeal.
Legislator headnote
AI generatedArt. 101 ust. 1 ustawy o samorządzie terytorialnym; art. 35 § 3 k.p.a.; art. 199 § 1 k.p.a.; art. 216a § 1 k.p.a.: When a party requests removal of legal violations and the administrative body fails to notify them of its decision or delay, the deadline for filing an appeal against the administrative act begins to run from the expiration of the maximum period for handling the request, not from the end of the request handling period itself.