Legislator Case Law & Legislation
III ARN 62/95 AI generated

Supreme Court allowed appeal against dismissal of administrative suit due to new housing law, ruling procedural action remains valid.

Case Number III ARN 62/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court allowed the extraordinary review by the Minister of Justice, overturning the Supreme Administrative Court's decision to dismiss the case. The lower court had argued that a new housing law rendered the administrative proceedings moot, but the Supreme Court held that the new law did not apply to pending judicial reviews of final administrative decisions. Consequently, the Supreme Court ordered the Supreme Administrative Court to retry the case on its merits.

Legislator headnote

AI generated

Art. 63 ust. 1 ustawy z dnia 2 lipca 1994 r. o najmie lokali mieszkalnych i dodatkach mieszkaniowych; Art. 207 k.p.a.: The new housing law does not apply to administrative court proceedings initiated before its entry into force regarding final administrative decisions, as the law only governs administrative proceedings not yet concluded by a final decision.

Keywords

AI generated
administrative law final decision housing law extraordinary review procedural validity mootness Supreme Court

Cited Legislation

AI generated
Art. 63 of the Act of 2 July 1994 on the rental of residential premises and housing supplements
Art. 207 of the Code of Administrative Procedure
Art. 211 of the Code of Administrative Procedure
Art. 355 of the Code of Civil Procedure
Art. 422 of the Code of Civil Procedure
art. 151 § 1 pkt 2 k.p
art. 207 § 2 k.p
art. 207 k.p
art. 211 k.p
art. 355 § 1 k.p.c

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