Legislator Case Law & Legislation
III RN 104/00 AI generated

Supreme Court allows municipality to appeal administrative decisions made by its own mayor regarding its legal interest.

Case Number III RN 104/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland allowed the municipality to file a complaint against a decision issued by its own mayor. The court found that the municipality, as the building owner, held a legal interest in the registration case, making it a substantive party regardless of who issued the administrative act. Consequently, the court rejected the argument that the mayor's involvement disqualified the municipality from standing in the proceedings.

Legislator headnote

AI generated

Art. 33 ust. 2 ustawy o Naczelnym Sądzie Administracyjnym; Art. 28 KPA: A municipality retains its status as a party in administrative proceedings even if the decision was issued by its own mayor, provided it possesses a legal interest in the matter.

Keywords

AI generated
municipal standing administrative appeal legal interest mayor authority substantive party

Cited Legislation

AI generated
Art. 33 ust. 2 of the Act of 11 May 1995 on the Supreme Administrative Court
Art. 28 of the Code of Administrative Procedure
Art. 47 ust. 2 of the Act of 10 April 1974 on Population Registration and Personal Identity Cards

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