Supreme Court allows appeal on refusal of certificate, ruling administrative procedure rules apply despite cabinet form.
Legislator summary
AI generatedThe Supreme Court overturned the administrative court's dismissal of an appeal regarding the refusal to issue a certificate. The applicant argued that the administrative court lacked jurisdiction because the certificate issuance process is merely a 'cabinet procedure' rather than a formal administrative proceeding. The court held that the specific procedural rules for certificates do not exclude judicial review, as the refusal still affects the applicant's legally protected interests and falls under the general scope of administrative acts subject to court supervision.
Legislator headnote
AI generatedArt. 219 Kodeksu postępowania administracyjnego; Art. 16 ust. 1 pkt 2 ustawy o Naczelnym Sądzie Administracyjnym: The refusal to issue a certificate is subject to administrative court review because it constitutes an administrative act affecting protected legal interests, regardless of its formal 'cabinet procedure' nature.