Legislator Case Law & Legislation
III RN 80/98 AI generated

Supreme Court allows retrial when administrative bodies wrongly apply statute of limitations instead of negative grounds for annulment.

Case Number III RN 80/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court granted the retrial request, overturning the previous decision that dismissed it based on the statute of limitations. The applicant had filed a request for retrial in August 1993, which administrative authorities incorrectly treated as a separate claim for property return rather than a formal retrial request. The court ruled that the administrative bodies failed to recognize the negative grounds for annulment under the Administrative Procedure Code as the sole basis for rejecting a retrial, thereby violating procedural requirements.

Legislator headnote

AI generated

Art. 151 § 2 KPA; Art. 146 § 1 KPA: The grounds for refusing annulment of a decision via retrial under Art. 146 KPA cannot serve as a basis for refusing the retrial request itself.

Keywords

AI generated
administrative procedure code retrial request negative grounds for annulment statute of limitations administrative decision procedural error Supreme Court ruling

Cited Legislation

AI generated
Art. 151 § 2 KPA
Art. 146 § 1 KPA
Art. 149 § 3 KPA
Art. 145 § 1 pkt 4 KPA

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