Supreme Court held that missing a deadline without payment is a defect, not inadmissibility, under administrative procedure law.
Legislator summary
AI generatedThe Supreme Court of Poland overturned the National Administrative Court's decision rejecting a request to restore a deadline for paying court fees. The applicant argued she missed the deadline due to a postal error, but the lower court dismissed it because the fee was not paid simultaneously with the request. The Supreme Court ruled that failure to pay constitutes a formal defect removable under Article 130 of the Civil Procedure Code, rather than making the request inadmissible under Article 171.
Legislator headnote
AI generatedArt. 59 ust. 1 ustawy o Naczelnym Sądzie Administracyjnym; Art. 130, 171 Kodeksu postępowania cywilnego: A failure to pay court fees accompanying a request to restore a deadline constitutes a formal defect subject to removal, not a ground for inadmissibility.