Legislator Case Law & Legislation
III RN 47/01 AI generated

Supreme Court dismisses extraordinary review filed late because service was to counsel, not the client directly.

Case Number III RN 47/01
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the extraordinary review filed by the First President of the Supreme Court against a lower administrative court ruling. The review was submitted on March 12, 2001, but the judgment with reasoning was served to the client's appointed lawyer on September 4, 2000. The court held that the six-month deadline for filing the review runs from the date of service to the legal representative, rendering the filing untimely.

Legislator headnote

AI generated

Art. 57 ust. 2 ustawy o NSA; art. 40 § 2 KPA: The six-month period for filing an extraordinary review commences from the date of service of the judgment to the party's legal representative, not the party personally.

Keywords

AI generated
extraordinary review service of process legal representative statutory deadline administrative procedure

Cited Legislation

AI generated
Art. 57 ust. 2 of the Act of 11 May 1995 on the Supreme Administrative Court
Art. 10 of the Act of 1 March 1996 amending the Civil Procedure Code
Art. 40 § 2 of the Civil Procedure Code
Art. 59 of the Act on the Supreme Administrative Court
Art. 3938 § 1 of the Code of Civil Procedure

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