Supreme Court dismisses administrative court costs award when plaintiff withdraws appeal on hearing day.
Legislator summary
AI generatedThe 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an award violates the law because costs are only recoverable when the appeal is substantively considered, not merely withdrawn.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 generatedArt. 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.