Legislator Case Law & Legislation
III RN 183/98 AI generated

Supreme Court dismisses extraordinary review against administrative court ruling's reasoning as inadmissible.

Case Number III RN 183/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 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

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