Legislator Case Law & Legislation
III RN 185/99 AI generated

Supreme Court allows refusal of building qualifications without exam if applicant lacks professional requirements.

Case Number III RN 185/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland allowed the Minister of Justice to revoke the administrative court's decision regarding a building qualification dispute. The applicant, Szymon R., failed to prove his professional practice met statutory requirements, leading to a refusal of qualifications without an exam. The court ruled that such a refusal is legally valid when the applicant does not meet the necessary educational or practical qualifications.

Legislator headnote

AI generated

Art. 12 ust. 3 Prawo budowlane; § 8 ust. 5 pkt 2 rozporządzenia Ministra Gospodarki Przestrzennej i Budownictwa: A refusal to grant building qualifications without an examination is permissible when the applicant fails to meet professional requirements such as education or documented practice.

Keywords

AI generated
building qualifications professional practice examination requirement administrative review qualification refusal legal requirements technical functions

Cited Legislation

AI generated
art. 12 ust. 3 of the Building Law of 7 July 1994
§ 8 ust. 5 pkt 2 of the Minister of Spatial Economy and Construction Regulation of 30 December 1994
art. 22 ust. 1 pkt 1 and ust. 2 of the Act of 11 May 1995 on the Supreme Administrative Court
art. 12 ust. 2 of the Building Law of 7 July 1994
art. 57 ust. 2 of the Act on the Supreme Administrative Court
art. 393 § 1 of the Code of Civil Procedure

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