Legislator Case Law & Legislation
III SZP 1/09 AI generated

Supreme Court rules that an administrative body cannot partially revoke a decision if the appeal was fully accepted.

Case Number III SZP 1/09
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appeal regarding the Electronic Communications Office's partial modification of its own decision. The administrative body had accepted the appellant's appeal in full but only partially changed the original ruling, arguing this was permissible under the relevant procedural code. The court held that the statutory provision allowing self-correction applies only when the appeal is accepted in its entirety, meaning a partial acceptance precludes a partial modification of the contested decision.

Legislator headnote

AI generated

Art. 47959 § 2 k.p.c.; The administrative authority is empowered to revoke or amend its own decision only when the appeal is accepted in its entirety, and cannot partially amend a decision if the appeal was accepted only in part.

Keywords

AI generated
administrative self-correction partial appeal acceptance full decision revocation procedural code provision telecommunications law scope of appeal judicial review standard

Cited Legislation

AI generated
Art. 47959 § 2 k.p.c.
Art. 28 ust. 1 Prawo telekomunikacyjne
Art. 30 Prawo telekomunikacyjne
Art. 221 ust. 1 pkt 4 Prawo telekomunikacyjne
art. 47959 § 2 k.p.c
art. 390 § 1 k.p.c
art. 4779 § 2 k.p.c
art. 47714 § 2 k.p.c
art. 132 § 1 k.p
art. 4791 § 2 pkt 3 k.p.c

Cited Case Law

AI generated
III CRN 120/91

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