Supreme Court dismissed appeal; administrative notice served by fiction of delivery date; deadline calculated from service day.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a social security obligor against a decision ordering unpaid contributions. The lower courts rejected the appeal because the statutory deadline for filing it had expired, finding the delay was not excusable. The Supreme Court upheld this ruling, clarifying that service of administrative decisions under the Administrative Procedure Code operates on a legal fiction where the delivery date is deemed the service date, excluding civil law rules on intent. Consequently, the court affirmed that the obligor failed to meet the deadline due to his own lack of diligence in maintaining accurate registration records.
Legislator headnote
AI generatedArt. 43 ust. 1 k.p.a.; Art. 138 k.p.c.; Art. 61 k.c.; Art. 4779 § 3 k.p.c.; Art. 398 § 13 k.p.c. Service of administrative decisions under the Administrative Procedure Code relies on a legal fiction that the document was delivered on the day of service, and civil law principles regarding the manifestation of will do not apply to public law procedural acts.