Legislator Case Law & Legislation
III SN 1/08 AI generated

Supreme Court dismisses appeal to competition court for administrative enforcement order refusal as inadmissible.

Case Number III SN 1/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed an appeal filed with the Competition and Consumer Protection Court regarding a regulatory authority's refusal to issue an enforcement title. The plaintiff argued that filing such an appeal initiates civil proceedings, but the Court found no statutory basis for this interpretation. Consequently, the appeal was deemed inadmissible because the specific administrative enforcement law did not provide for a right of appeal against such orders.

Legislator headnote

AI generated

Art. 17 § 1 of the Administrative Enforcement Act; Art. 64 of the Supreme Court Act: An appeal to the first-instance court is inadmissible if the specific enforcement statute or the Administrative Code of Procedure does not explicitly provide for a right of appeal against the order refusing to issue an enforcement title.

Keywords

AI generated
administrative enforcement right of appeal inadmissible appeal enforcement title regulatory authority procedural standing administrative litigation

Cited Legislation

AI generated
art. 17 § 1 of the Administrative Enforcement Act
art. 64 of the Supreme Court Act
art. 47928 § 1 pkt 2 of the Code of Civil Procedure
art. 47932 of the Code of Civil Procedure
art. 187 of the Code of Civil Procedure
art. 4241 k.p.c
art. 42411 § 2 k.p.c
art. 42411 § 3 k.p.c
art. 47946 k.p.c
art. 47932 k.p.c

Cited Case Law

AI generated

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