III RN 105/00
AI generated
Supreme Court remands veterinary disease control decision for substantive review of proportionality and effectiveness.
Legislator summary
AI generatedThe Supreme Court remanded the case to the Administrative Court for a substantive review of the veterinary inspector's decision regarding livestock disease eradication measures. The plaintiff argued that culling was necessary because the disease was incurable, while the inspector chose isolation and milk pasteurization. The court found the lower court failed to properly assess the proportionality and effectiveness of the chosen measures against the economic interests of the farmer.
Legislator headnote
AI generatedArt. 22 ust. 1; art. 7 KPA: Administrative decisions on infectious disease control measures must be subject to judicial review regarding their proportionality, effectiveness, and necessity, not merely based on trust in professional competence.
Keywords
AI generated
veterinary disease control
proportionality principle
administrative discretion review
infectious livestock disease
substantive administrative review
Cited Legislation
AI generatedart. 22 ust. 1 of the Act of 24 April 1997 on the prevention of infectious diseases of animals, examination of meat and inspection of veterinary services
art. 7 of the Code of Administrative Procedure
art. 393 § 1 of the Code of Civil Procedure
art. 45 ust. 1 Konstytucji
art. 68 ust. 4 Konstytucji
Cited Case Law
AI generatedDecision of the Supreme Administrative Court of 3 December 1999