III ARN 14/95
AI generated
Supreme Court dismisses administrative court rejection of appeal due to missed deadline, requiring proof of mailing date.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court overturned the Lower Administrative Court's dismissal of a medical care team's appeal, which had been rejected for missing the 30-day filing deadline. The lower court relied on the date the appeal was physically received, while the Supreme Court emphasized that the appeal was mailed before the deadline expired. Consequently, the court ruled that the appeal was timely filed and the lower court's decision to reject it was legally incorrect.
Legislator headnote
AI generatedArt. 199 § 1 k.p.a.; Art. 207 § 1 k.p.a.: The thirty-day period for filing an administrative appeal is not exceeded if the appeal is mailed within the period, provided the court verifies the mailing date and proof of delivery rather than solely the date of receipt.
Keywords
AI generated
administrative appeal deadline
mailing date verification
proof of delivery
missed filing period
administrative procedure code
extraordinary review
timely submission
Cited Legislation
AI generatedArt. 199 § 1 k.p.a.
Art. 207 § 1 k.p.a.
Art. 207 § 3 k.p.a.
art. 199 § 1 k.p
art. 199 k.p