Competency dispute dismissed when common court wrongly transferred case instead of rejecting it. Negativity arises only if both sides claim no jurisdiction.
Legislator summary
AI generatedThe Supreme Court dismissed the request to resolve a negative competency dispute between the police commander and the common court. The applicant argued that the administrative body was incompetent because the claim was civil in nature, while the common court had transferred the case to the Administrative Court instead of rejecting it under Article 199 of the Code of Civil Procedure. The court held that a negative competency dispute only arises if the common court rejects the lawsuit for inadmissibility; since the court erroneously transferred the case, no such dispute existed.
Legislator headnote
AI generatedArt. 192 § 1 KPA; Art. 199 § 1 pkt 1 KPC; A negative competency dispute between administrative bodies and common courts arises only when the common court rejects the lawsuit for inadmissibility, not when it erroneously transfers the case to another court.