Supreme Court voids administrative dismissal due to failure to notify legal representative, establishing procedural invalidity and individual liability.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland voided the Supreme Administrative Court's decision to dismiss proceedings because the legal representative was not notified of the hearing. The appellant, Zbigniew H., argued that the business entity lacked legal personality, making him the sole liable party, while the Ministry of Justice contended the dismissal was necessary due to the entity's deregistration. The court ruled that failing to notify the appointed counsel deprived the party of their right to defense, rendering the entire procedure invalid regardless of the entity's status.
Legislator headnote
AI generatedArt. 369 pkt 5 KPC; Art. 211 KPA; Art. 355 § 1 KPC; Art. 22 ust. 2 pkt 3 ustawy o NSA; Art. 2 ust. 2 i art. 15 ustawy o działalności gospodarczej: Failure to notify a properly appointed legal representative of a court hearing deprives the party of the right to defense and constitutes a ground for the invalidity of the proceedings.