III RN 141/99
AI generated
Supreme Court dismisses application for retrial where service by deemed delivery failed due to wrong address.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the extraordinary review against the Administrative Court's decision rejecting a retrial application. The applicant argued he could not participate because he was never notified of the hearing date, as the court served documents to a wrong address and failed to prove delivery. The court held that the statutory rule of deemed service does not apply when the recipient is not notified of the arrival of the document.
Legislator headnote
AI generatedArt. 42 ust. 1-3 KPA; Art. 43 KPA; Art. 44 KPA; Art. 401 pkt 2 KPC; Art. 59 ustawy o NSA: Deemed service under postal regulations does not apply if the recipient is not informed of the document's arrival, thereby depriving them of the ability to defend their rights.
Keywords
AI generated
deemed service
wrong address
administrative procedure
right to defense
extraordinary review
notification failure
postal regulations
Cited Legislation
AI generatedArt. 42 ust. 1-3 KPA
Art. 43 KPA
Art. 44 KPA
Art. 401 pkt 2 KPC
Art. 59 ustawy o NSA