Legislator Case Law & Legislation
III RN 101/97 AI generated

Supreme Court allows appeal when administrative body must revoke prior decision and dismiss proceedings under housing law.

Case Number III RN 101/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 63 of the Housing Law
Art. 151 § 1 pkt 2 of the Administrative Procedure Act
Art. 145 § 1 of the Administrative Procedure Act

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