Cassation appeal dismissed; procedural order in telecom regulation is not separately appealable but subject to judicial review.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a telecommunications company against a procedural order issued by the President of the Office of Electronic Communications. The appellant argued that the order, confirming the lack of effective competition and significant market position, violated constitutional rights by being unappealable. The court held that while the order cannot be challenged separately, it is not a final decision on rights and is reviewed during the appeal against the main regulatory decision.
Legislator headnote
AI generatedArt. 206 ust. 4 Prawa telekomunikacyjnego; Art. 45 ust. 1 Konstytucji RP: A procedural order confirming market conditions in telecom regulation is not separately appealable but remains subject to judicial review within the appeal against the final regulatory decision.