Cassation appeal to the Supreme Administrative Court - the most important information!
A cassation appeal is the final appeal against judgments and decisions ending the case before the provincial administrative court. If you are dissatisfied with the result of the proceedings before this court - check if you have the right to appeal against the decision! In the article below you will find the most important information about a cassation complaint and the rules for its submission and recognition by the Supreme Administrative Court.
When is a cassation appeal to the Supreme Administrative Court entitled?
A cassation appeal may be lodged with the Supreme Administrative Court against the judgment issued by the voivodship administrative court or the decision concluding the proceedings, with the exception of:
a decision to reject a complaint brought after the expiry of the time limit for bringing it;
decisions to reject a complaint, if the formal deficiencies in the complaint have not been remedied within the prescribed period;
decisions rejecting the complaint if the matter covered by the complaint between the same parties is pending or has already been legally adjudicated;
decisions to discontinue the proceedings, if the complainant successfully withdrew the complaint;
decisions to discontinue proceedings in the event of the death of a party, if the subject of the proceedings relates only to the rights and obligations closely related to the deceased person, unless the participation in the case is reported by a person whose legal interest is affected by the outcome of the proceedings;
decisions to discontinue the proceedings when the proceedings for other reasons became redundant;
a decision to reject a complaint for which an entry fee has not been paid despite being summoned.
Who may file a cassation appeal to the Supreme Administrative Court?
A cassation appeal may be lodged by:
Spokesman for Small and Medium Enterprises,
Ombudsman for Children's Rights.
The cassation appeal should be prepared by an advocate or legal advisor.
Grounds for a cassation appeal to the Supreme Administrative Court and formal requirements
The cassation appeal may be based on the following grounds:
violation of substantive law through misinterpretation or misapplication;
breach of the procedural provisions, if the breach could have had a significant impact on the outcome of the case.
The cassation appeal should contain:
designation of the judgment under appeal, indicating whether it is challenged in whole or in part;
citation of the grounds for cassation and their justification;
a motion to set aside or amend the decision with an indication of the scope of the requested revocation or amendment.
In addition to the above requirements, a cassation appeal should meet the requirements provided for in the letter of the party and contain a request for its examination at the hearing or a declaration of waiver of the hearing.
If the cassation appeal does not meet the formal requirements provided for in the Act, other than the citation of the grounds for cassation and their justification, the chairman shall summon the party to remedy the deficiencies within seven days under pain of rejecting the complaint.
The date and manner of submitting a cassation appeal
A cassation appeal shall be lodged with the court which issued the judgment under appeal, within 30 days from the date of delivery of a copy of the judgment with the reasons to the party.
The deadline for submitting a cassation appeal is 30 days from the receipt of a copy of the judgment with justification. The complaint is submitted through the Provincial Administrative Court.
The deadline for submitting a cassation appeal for the parties is also binding on the prosecutor, the Ombudsman and the Ombudsman for Children. However, if the judgment is not served on the party, the public prosecutor, the Ombudsman and the Ombudsman for Children may, within thirty days from the date of issuing the judgment, request a justification of the judgment and lodge a cassation appeal within thirty days from the date of delivery of a copy of the judgment with justification.
Recognition of a cassation appeal by the Supreme Administrative Court
The Supreme Administrative Court recognizes a cassation appeal at a hearing composed of three judges, unless a special law provides otherwise. When examining a cassation appeal against a judgment, it issues a judgment, and when examining a cassation appeal against a decision, it issues a decision.
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The Supreme Administrative Court hears the case within the limits of the cassation appeal, however, it takes into account the invalidity of the proceedings ex officio. The parties may cite a new justification of the grounds for cassation.
The proceedings are null and void:
if the court action was inadmissible;
if the party did not have judicial or procedural capacity, the body appointed to represent it or its legal representative, or if the party's representative was not duly authorized;
if in the same case there are pending proceedings initiated before an administrative court or if such a case has already been legally adjudicated;
if the composition of the adjudicating court was inconsistent with the provisions of the law or if the judge excluded by virtue of the law participated in the examination of the case;
if a party has been deprived of the ability to defend its rights;
if the voivodeship administrative court ruled in a case in which the Supreme Administrative Court is competent.
The Supreme Administrative Court shall dismiss a cassation appeal if there are no justified grounds or if the appealed judgment complies with the law despite incorrect justification.
Consequences of granting a cassation appeal
The Supreme Administrative Court, if the cassation appeal is upheld, shall revoke the appealed ruling in whole or in part and refer the case for reconsideration to the court which issued the ruling, and if this court cannot recognize it in a different composition, to another court. If the case is remitted, the court does so in a different composition.
The Supreme Administrative Court, while examining the cassation appeal, shall also quash the judgment in the non-appealed part, if the proceedings are null and void.
The Supreme Administrative Court, if the cassation appeal is upheld, by revoking the appealed ruling, hears the appeal if it deems that the essence of the case has been sufficiently clarified.
If the complaint was rejected or there were grounds for discontinuing the proceedings before the voivodship administrative court, the Supreme Administrative Court shall, by decision, repeal the ruling issued in the case and dismiss the complaint or discontinue the proceedings.
The court to which the case was referred is bound by the interpretation of the law made in this case by the Supreme Administrative Court. You cannot resist a cassation appeal against a judgment issued after reconsideration of the case on grounds contrary to the interpretation of the law established in this case by the Supreme Administrative Court.
The Supreme Administrative Court, at the request of a party, hears also those decisions of the voivodship administrative court that were not subject to appeal by way of a complaint, and had an impact on the resolution of the case.