Legislator Case Law & Legislation
III RN 2/96 AI generated

Supreme Court dismissed extraordinary review due to lack of gross legal error in administrative decision.

Case Number III RN 2/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the extraordinary review filed by the Minister of Justice against the Supreme Administrative Court's decision. The review challenged a 1995 land restitution decision based on alleged procedural flaws and reliance on a contradictory 1948 circular regarding agricultural land classification. The court found no gross violation of law, noting the administrative body correctly evaluated existing evidence and the time limits for new expert opinions had expired.

Legislator headnote

AI generated

Art. 21 § 1 KPA; Art. 21 § 2 KPA: An extraordinary review is admissible only upon proof of a gross violation of law, which was not established here as the administrative decision was based on a comprehensive evaluation of evidence and did not suffer from such a defect.

Keywords

AI generated
extraordinary review gross violation of law administrative procedure land restitution procedural timeline

Cited Legislation

AI generated
Art. 75 § 1 KPA
Art. 80 KPA

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