III RN 14/98
AI generated
Supreme Court quashes administrative court verdict for internal contradiction between reasoning and ruling.
Legislator summary
AI generatedThe Supreme Court set aside a lower administrative court's decision due to a severe internal contradiction between its reasoning and final ruling. The lower court found the administrative decision illegal in its reasoning but dismissed the appeal in its verdict, creating an irreconcilable conflict. Consequently, the Supreme Court ordered the case remitted to the lower court for a new trial.
Legislator headnote
AI generatedArt. 393 § 1 KPC; Art. 10 of the Act of 1 March 1996 on Amendments to the Code of Civil Procedure: A court verdict that contradicts itself between its reasoning and the operative part is void and must be set aside.
Keywords
AI generated
internal contradiction
void verdict
administrative law
remittal for retrial
legal reasoning
code of civil procedure
supreme court review
Cited Legislation
AI generatedArt. 393 § 1 KPC
Art. 10 of the Act of 1 March 1996 on Amendments to the Code of Civil Procedure
Art. 27 § 1 of the Act on the Supreme Administrative Court
Art. 22 § 1 point 1 of the Act on the Supreme Administrative Court
Art. 30 of the Act on the Supreme Administrative Court