Legislator Case Law & Legislation
III RN 75/97 AI generated

Supreme Court voids dismissal for non-payment of conditional fee due to lack of prior summons.

Case Number III RN 75/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland overturned the lower court's dismissal of an administrative appeal regarding water damage compensation. The appellant, represented by a lawyer, argued that the lower court violated procedural rights by rejecting the appeal for non-payment of a conditional fee without first issuing a summons. The court held that because the appeal specified a monetary value, it required a conditional fee, which mandates a prior summons before rejection. Consequently, the dismissal was deemed a serious violation of law, restoring the appellant's right to court.

Legislator headnote

AI generated

§ 2 and § 7 of the Council of Ministers' Regulation of 3 October 1995; The rejection of an administrative appeal for non-payment of a conditional fee without a prior summons constitutes a serious violation of law.

Keywords

AI generated
conditional fee administrative appeal prior summons serious violation of law water damage compensation Supreme Court review procedural rights

Cited Legislation

AI generated
Art. 50 and Art. 86 of the Water Law of 24 October 1974
§ 2 and § 7 of the Council of Ministers' Regulation of 3 October 1995 on the fee for appeals
Art. 17 of the Act of 13 June 1967 on court costs in civil matters
Art. 36 para. 3 of the Act of 11 May 1995 on the Supreme Administrative Court
Art. 236 para. 2 of the Constitution of the Republic of Poland
Art. 10 of the Act of 1 March 1996 on changes to the Code of Civil Procedure
art. 92 Konstytucji
art. 78 Konstytucji
art. 236 ust. 2 Konstytucji

Cited Case Law

AI generated
Uchwała składu siedmiu sędziów NSA z dnia 17 lutego 1997 r., OPS 14/96
postanowienie z dnia 24 września 1997 r., III RN 43/97

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