Legislator Case Law & Legislation
III RN 104/98 AI generated

Supreme Court dismisses administrative court costs award when plaintiff withdraws appeal on hearing day.

Case Number III RN 104/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland overturned the lower court's decision awarding procedural costs to the plaintiff after the administrative proceedings were terminated due to the plaintiff's withdrawal of their appeal on the hearing day. The plaintiff had initially claimed inaction by the Finance Minister regarding a gaming salon license, but withdrew the complaint during the trial, leading the lower court to award costs. The Supreme Court ruled that such an award violates the law because costs are only recoverable when the appeal is substantively considered, not merely withdrawn.

Legislator headnote

AI generated

Art. 55 ust. 1 ustawy o NSA; Art. 236 ust. 2 Konstytucji RP: Costs against the organ for inaction are awarded only if the appeal is substantively considered, not when the plaintiff withdraws the appeal on the hearing day.

Keywords

AI generated
administrative appeal withdrawal procedural costs award inaction by administrative organ Supreme Court review hearing day termination

Cited Legislation

AI generated
Art. 55 ust. 1 of the Act of 11 May 1995 on the Supreme Administrative Court
Art. 236 ust. 2 of the Constitution of the Republic of Poland
Art. 393 § 1 of the Code of Civil Procedure
Art. 10 of the Act of 1 March 1996 on amending the Code of Civil Procedure
art. 236 ust. 2 Konstytucji

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