Supreme Court dismisses extraordinary review regarding nationalization procedure start date and legal basis change.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the extraordinary review against the Minister of Economy's decision to uphold a nationalization ruling. The court found that the administrative procedure commenced on September 30, 1946, when the official gazette published the list of enterprises, rather than October 2, 1947. Consequently, the change in the legal basis from Article 2 to Article 3 of the Nationalization Act was deemed permissible as it applied to the same entity within the statutory timeframe. The court ruled that the procedural defect alleged by the plaintiff did not justify overturning the Minister's decision.
Legislator headnote
AI generatedArt. 3 ust. 6 ustawy z dnia 3 stycznia 1946 r. o nacjonalizacji; § 47 ust. 2 rozporządzenia Rady Ministrów z dnia 30 stycznia 1947 r.: The change of legal basis for nationalization is permissible if the procedure was initiated before the deadline and concerns the same subject, provided the official notice was published within the required period.