Legislator Case Law & Legislation
III RN 26/00 AI generated

Supreme Court allows simultaneous administrative appeal and invalidity request despite concurrent proceedings rule.

Case Number III RN 26/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland overturned the Lower Administrative Court's dismissal of an appeal filed by a university. The university had simultaneously requested the invalidity of a tax decision before the Administrative Court and the Local Collegium for Appeal, which the lower court deemed inadmissible under Article 35 of the Administrative Court Act. The Supreme Court ruled that the statute does not prohibit filing both requests on the same day, as the concurrent proceedings rule only applies when one process is already underway at the time of filing. Consequently, the court held that the appeal was admissible and the lower court's decision to reject it was invalid.

Legislator headnote

AI generated

Art. 35 ust. 4 ustawy o NSA; Art. 61 § 3 KPA; The provision prohibiting simultaneous administrative and judicial challenge does not preclude filing both requests on the same day, provided the administrative invalidity proceedings were not already underway at the moment of filing.

Keywords

AI generated
administrative appeal admissibility invalidity request filing concurrent proceedings rule Administrative Court Act Supreme Court review

Cited Legislation

AI generated
Art. 35 ust. 4 ustawy z dnia 11 maja 1995 r. o Naczelnym Sądzie Administracyjnym
Art. 61 § 3 KPA
Art. 165 § 2 KPC
Art. 59 ustawy o NSA
Art. 393 § 1 KPC
Art. 10 ustawy z dnia 1 marca 1996 r. o zmianie Kodeksu postępowania cywilnego

Cited Case Law

AI generated
III AZP 18/92 – OSNC z 1993 r. z. 5, poz. 67

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