Supreme Court quashes administrative decisions for invalidating a land division due to conflicting regulatory interpretation.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court of Poland quashed administrative decisions invalidating a land division based on a conflicting interpretation of a ministerial regulation. The plaintiffs argued the lower courts violated the law by applying a subordinate regulation that contradicted the land management act. The court ruled that administrative bodies cannot evaluate the validity of such regulations and must apply them as existing law, meaning their application did not constitute a grave legal violation warranting invalidation.
Regeste Legislator
Généré par l'IAArt. 93 ust. 4 i 5 ustawy o gospodarce nieruchomościami; Art. 156 § 1 pkt 2 KPA: Administrative bodies are not authorized to assess the validity of subordinate regulations and must apply them as existing law; therefore, their application cannot constitute a grave legal violation justifying the invalidation of administrative decisions.