Supreme Court dismisses extraordinary review regarding prohibition of worsening penalty in administrative proceedings. The court ruled that the appellate body did not violate the ban on reformationis in peius. The court held that the appellate body did not violate the prohibition of reformationis in peius when fully revoking a decision and remanding the case under Art. 138 § 2 KPA. The court dismissed the extraordinary review because the appellate body did not violate the prohibition of reformationis in peius when fully revoking a decision and remanding the case under Art. 138 § 2 KPA. The court dismissed the extraordinary review because the appellate body did not violate the prohibition of reformationis in peius when fully revoking a decision and remanding the case under Art. 138 § 2 KPA.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the extraordinary review filed by the Minister of Justice against a lower court decision. The lower court had found that the Customs Appeal Board violated the prohibition of reformationis in peius by fully revoking a customs decision and remanding the case without sufficient justification. The Supreme Court ruled that the appellate body acted correctly under Article 138 § 2 of the Administrative Procedure Code when it revoked the decision and instructed the first-instance organ to determine the actual import subject matter.
Legislator headnote
AI generatedArt. 138 § 2 KPA; Art. 139 KPA: The prohibition of reformationis in peius does not apply when an appellate body fully revokes a decision and remands the case to the first instance under Article 138 § 2 of the Administrative Procedure Code, provided the remand instructions are specific and do not exceed the scope of the appeal.