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III RN 150/01 AI generated

Supreme Court dismisses extraordinary review for procedural defect not affecting decision substance.

Case Number III RN 150/01
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Administrative Court dismissed the extraordinary review filed by neighbors against a building permit decision. The lower court had found the permit legally flawed due to a procedural violation preventing the plaintiffs' participation, yet determined this error did not alter the decision's content. The Supreme Court upheld this view, ruling that the procedural defect was immaterial to the final outcome.

Legislator headnote

AI generated

Art. 146 § 2 KPA; Art. 145 § 1 ust. 4 KPA; Art. 328 § 2 KPC; Art. 7 KPA; Art. 393 § 1 KPC: A procedural defect in administrative proceedings that does not affect the substance of the decision does not justify the dismissal of an extraordinary review.

Keywords

AI generated
extraordinary review procedural defect building permit substantive outcome administrative law neighbor rights KPC

Cited Legislation

AI generated
Art. 146 § 2 KPA
Art. 145 § 1 ust. 4 KPA
Art. 328 § 2 KPC
Art. 7 KPA
Art. 393 § 1 KPC

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