Cassation appeal dismissed because administrative enforcement rulings are not final judgments under civil procedure law.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against the appellate court's decision rejecting the appeal against an administrative enforcement order. The appellant argued that the lower court's rulings were substantive judgments rather than procedural orders, yet the court held they were formal decisions under the Administrative Enforcement Act. Consequently, since no specific law permits a cassation appeal against such administrative enforcement rulings, the general rule of the Civil Procedure Code applies, rendering the appeal inadmissible.
Legislator headnote
AI generatedArt. 17 § 1 ustawy o postępowaniu egzekucyjnym w administracji; Art. 3981 k.p.c.: Administrative enforcement rulings are procedural orders, not final judgments, and thus a cassation appeal against them is inadmissible under the general rules of the Civil Procedure Code.