Supreme Court dismisses appeal to administrative court for media licensing decision requiring ordinary court review.
Legislator summary
AI generatedThe Supreme Court dismissed the extraordinary review appeal filed by the Chief of the Radio and Television Council against a decision ordering a television company to cease infringing license conditions. The court held that the administrative court lacked jurisdiction because the original decision was based on Article 10(4) of the Radio and Television Act, which mandates appeals to the Warsaw District Court. The court emphasized that jurisdiction is determined by the legal basis cited in the decision, not the factual accuracy, and that the principle of ordinary court jurisdiction prevails unless explicitly excluded by law.
Legislator headnote
AI generatedArt. 10 ust. 4 ustawy o radiofonii i telewizji; Art. 56 ust. 1 tej ustawy; Art. 19 pkt 1 ustawy o Naczelnym Sądzie Administracyjnym: Decisions of the Chief of the Radio and Television Council based on Article 10(4) of the Radio and Television Act must be appealed to the District Court in Warsaw, thereby excluding the jurisdiction of the Supreme Administrative Court as the matter falls under the exclusive competence of another court.