Supreme Court allows appeal against municipal rent regulation, ruling it is administrative law, not civil, and requires judicial review.
Legislator summary
AI generatedThe Supreme Court of Poland allowed the extraordinary review of a municipal council's decision to set regulated rent rates. The applicant argued that the council failed to include specific differentiating factors mandated by the Housing Act, violating his legal interest. The court held that while the council acts as a public law entity when setting these rates, the decision falls under administrative law rather than civil law, thereby mandating judicial review and overturning the lower court's dismissal.
Legislator headnote
AI generatedArt. 26 ust. 1 ustawy o najmie lokali mieszkalnych i dodatkach mieszkaniowych; Art. 101 ust. 1 ustawy o samorządzie terytorialnym: Decisions by municipal councils setting regulated rent rates are administrative acts subject to administrative court review, not civil disputes, and must include all statutory differentiating factors to ensure legal protection.