Legislator Case Law & Legislation
III ARN 46/96 AI generated

Supreme Court allowed correction of administrative judgment reasoning to fix ministerial name error without invalidating the decision.

Case Number III ARN 46/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland partially allowed a special revision request to correct a factual error in the reasoning of a final administrative judgment. The lower court had incorrectly named the Ministry of Industry and Trade instead of the Ministry of Agriculture and Food Economy, creating a confusing legal situation regarding jurisdiction. The Court ruled that removing the erroneous fragment would render the reasoning unintelligible, thus permitting only a substitution of the specific words to restore clarity.

Legislator headnote

AI generated

Art. 423 § 1 zd. 2 KPC; Art. 328 § 2 KPC: A special revision request cannot invalidate the understanding of a final judgment's reasoning; in such cases, the remedy must consist solely of replacing specific words or phrases to correct the error.

Keywords

AI generated
special revision request administrative judgment reasoning factual error correction understandability requirement substitution of words jurisdictional competence final decision integrity

Cited Legislation

AI generated
art. 423 § 1 zd. 2 KPC
art. 328 § 2 KPC
art. 157 § 1 KPA
art. 156 § 1 pkt 1 KPA
art. 421 § 2 KPC

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