Competency dispute dismissed because administrative complaints do not constitute administrative proceedings under the Administrative Procedure Code.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed Wirgiliusz O.'s request to determine jurisdiction between the Regional Court and the Police Commander. The applicant filed a civil lawsuit for damages, which was rejected by the court as inadmissible due to lack of administrative proceedings. The court held that a competency dispute only arises if the administrative body explicitly declares itself incompetent in an individual administrative decision, which did not occur here. Consequently, the request to the Supreme Court's Competency Collegium was rejected as it did not meet the statutory requirements for such a dispute.
Legislator headnote
AI generatedart. 190 § 1 k.p.a.; art. 192 § 1 pkt 2 k.p.a.; art. 1 § 1 pkt 1 k.p.a.: A competency dispute between administrative bodies and courts arises only when the administrative body declares itself incompetent in an individual administrative decision, not merely through a complaint filed in a separate appeal procedure.