III SZP 5/05
AI generated
Court holds appeals against UOKiK decisions under Art. 106 k.p.a. must be decided by judgment, not ruling.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court resolved a legal question regarding the procedural form of judgments on appeals against UOKiK decisions. The appellant argued that the lower court erred by not holding a public hearing, while the UOKiK issued its position as a non-binding ruling. The court determined that despite the administrative nature of the UOKiK's act, the judicial review of its legality constitutes a main civil proceeding that must conclude with a formal judgment.
Legislator headnote
AI generatedArt. 106 § 1 and 5 of the Administrative Procedure Code; Art. 57 ust. 2 and 4 of the Telecommunications Act: A judicial decision on the admissibility of an appeal against a UOKiK ruling issued under Art. 106 of the Administrative Procedure Code must be rendered in the form of a judgment.
Keywords
AI generated
Administrative Procedure Code
Telecommunications Act
UOKiK decision
judicial review form
civil proceeding main
appeal admissibility
procedural form judgment
Cited Legislation
AI generatedArt. 106 § 1 and 5 of the Administrative Procedure Code
Art. 57 ust. 2 of the Telecommunications Act
Art. 57 ust. 4 pkt 4 of the Telecommunications Act
Art. 47928 § 1 pkt 2 of the Civil Procedure Code
art. 390 § 1 k.p.c
art. 106 § 5 k.p
art. 394 § 1 k.p.c
art. 369 § 1 k.p.c
art. 47932 k.p.c
art. 106 k.p
Cited Case Law
AI generatedOPS 8/98
III CRN 120/91