Supreme Court dismisses extraordinary review; administrative decision remains valid despite procedural flaws.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the extraordinary review against the Supreme Administrative Court's decision. The Polish Farmers' Union argued that the lower administrative body failed to inform them of their right to civil court action under Art. 66 § 3 of the Administrative Procedure Code. The court held that declaring a lower decision void would leave the superior administrative decision in force, creating a logical contradiction, and that the specific procedural errors cited did not justify overturning the final administrative ruling.
Legislator headnote
AI generatedArt. 66 § 3 k.p.a.; Art. 138 § 1 pkt 2 k.p.a.; Art. 156-159 k.p.a.; Art. 126 k.p.a.; Art. 156 § 1 k.p.a.; Art. 134 k.p.a.; Art. 105 § 1 k.p.a.; Art. 138 § 1 pkt 2 k.p.a. - Declaring a lower administrative decision void does not remove the superior decision from legal circulation if the superior decision remains legally effective, and extraordinary review cannot be used to void final decisions where no appeal is possible.