III RN 183/98
AI generated
Supreme Court dismisses extraordinary review against administrative court ruling's reasoning as inadmissible.
Legislator summary
AI generatedThe Supreme Court rejected an extraordinary review filed by the First President of the Supreme Court against the reasoning portion of a ruling by the Chief Administrative Court. The applicant argued that the reasoning contained a gross violation of the Act on the Return of Property Lost Due to Martial Law. The court held that extraordinary review is legally limited to challenging the operative part of a judgment, not its reasoning, as no specific statute permits such a challenge.
Legislator headnote
AI generatedArt. 57 ust. 2 ustawy o Naczelnym Sądzie Administracyjnym; art. 392 § 1 KPC: extraordinary review against a final administrative court ruling is inadmissible if it targets only the reasoning rather than the operative decision.
Keywords
AI generated
extraordinary review
administrative court
reasoning inadmissible
martial law property
operative part only
Cited Legislation
AI generatedArt. 57 ust. 2 of the Act on the Chief Administrative Court
Art. 236 § 2 of the Constitution of the Republic of Poland
Art. 392 § 1 of the Code of Civil Procedure
Art. 393 § 1 of the Code of Civil Procedure
Art. 393 § 5 of the Code of Civil Procedure
Art. 393 § 8 of the Code of Civil Procedure