Supreme Court quashed dismissal of administrative appeal for lack of formal decision under Art. 113 KPA.

The Supreme Court quashed the Naczelnego Sądu Administracyjnego's decision to dismiss the proceedings as without object. The applicant had requested clarification of an administrative decision under Article 113 § 2 of the Administrative Procedure Code, but the Ministry responded with a mere letter stating the request lacked legal basis rather than issuing a formal ruling. The court held that such a letter does not constitute a valid decision under Article 124 of the Administrative Procedure Code and violates the principle of two-instance proceedings. Consequently, the extraordinary review was allowed to correct this procedural defect.