Supreme Court mandates appellate body to apply new law if old legal basis for first-instance decision ceases to exist before appeal review.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland overturned the Voivode's decision to dismiss the administrative proceedings regarding the termination of a perpetual usage right. The Voivode had previously declared the first-instance decision void due to a legal error but then dismissed the appeal, effectively finalizing a 1997 decision under outdated laws. The Court ruled that because the original legal basis for the first-instance decision had been repealed before the appeal was heard, the appellate body was obligated to apply the new statutory provisions. Consequently, the Court ordered the Voivode to revoke the contested decision and dismiss the proceedings entirely.
Legislator headnote
AI generatedArt. 26 ust. 1 i 2 ustawy o gospodarce gruntami i wywłaszczaniu nieruchomości; Art. 233 ustawy o gospodarce nieruchomościami: If the legal basis for a first-instance decision ceases to exist before the appeal is heard due to new legislation, the appellate body must apply the new law and revoke the contested decision to dismiss the proceedings.