Supreme Court quashes administrative decision due to improper service of documents to an authorized recipient instead of the addressee.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the lower court's dismissal of a citizen's appeal regarding her deregistration from permanent residence. The citizen argued the appeal was time-barred because the administrative decision was served to an authorized hospital representative rather than to her personally, despite her having indicated the hospital as her place of work. The Court ruled that Article 42 § 1 of the Administrative Procedure Code mandates service directly to the addressee at their workplace, and service to an authorized third party constitutes a significant violation of this statutory requirement.
Legislator headnote
AI generatedArt. 42 § 1 k.p.a.; Art. 35 ust. 1, 3 k.p.a.; Art. 45 ust. 1 Konstytucji RP: Service of documents to a physical person at their workplace is valid only when received directly by the addressee, not by an authorized recipient, and such error deprives the party of the right to court.