Legislator Case Law & Legislation
III RN 56/96 AI generated

Supreme Court quashes administrative decision due to failure to inform party of appeal rights.

Case Number III RN 56/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the First President's extraordinary review decision regarding a dispute over a notary appointment. The applicant argued that the lower court violated procedural rules by failing to inform him of his right to appeal the notary board's opinion. The court agreed, ruling that omitting such notification constitutes a fundamental breach of administrative procedure requiring the case to be remanded.

Legislator headnote

AI generated

Art. 9 KPA; Art. 207 § 2 pkt 3 KPA: Failure to inform a party of their right to exercise a legal remedy constitutes a fundamental procedural violation that mandates the quashing of the decision and remand of the case.

Keywords

AI generated
administrative procedure legal remedy notification fundamental procedural violation extraordinary review notary appointment remand of case right to appeal

Cited Legislation

AI generated
Art. 9 KPA
Art. 15 KPA
Art. 207 § 2 pkt 3 KPA
Art. 106 § 5 KPA
Art. 144 KPA
Art. 124 § 1 KPA
Art. 124 § 2 KPA
Art. 10 ust. Prawo o notariacie
Art. 11 ust. Prawo o notariacie
Art. 12 pkt 2 ust. Prawo o notariacie

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