III RN 101/97
AI generated
Supreme Court allows appeal when administrative body must revoke prior decision and dismiss proceedings under housing law.
Legislator summary
AI generatedThe Supreme Court of Poland allowed the appeal against a decision refusing to revoke a housing allocation. The lower court incorrectly applied the housing law, failing to recognize that the administrative body was obligated to revoke the prior decision and dismiss the proceedings. The court ruled that the specific statutory provision required the authority to address the merits of the case by revoking the previous ruling and terminating the process.
Legislator headnote
AI generatedArt. 63 of the Housing Law; Art. 151 § 1 pkt 2 of the Administrative Procedure Act: When an administrative body revokes a prior decision, it is obligated to dismiss the proceedings and cannot merely refuse to revoke without addressing the substantive matter.
Keywords
AI generated
administrative procedure
housing allocation
revocation of decision
dismissal of proceedings
substantive review
administrative law
legal error
Cited Legislation
AI generatedArt. 63 of the Housing Law
Art. 151 § 1 pkt 2 of the Administrative Procedure Act
Art. 145 § 1 of the Administrative Procedure Act