Supreme Court dismissed extraordinary review; obvious error insufficient for gross violation of law under Art. 417 § 1 k.p.c.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the Minister of Justice's extraordinary review against the Supreme Administrative Court's decision to reject a building permit application. The applicant argued the lower court's ruling constituted a gross violation of law, while the administration contended the decision was based on equal treatment and procedural correctness. The court ruled that an obvious error alone does not meet the high threshold for a gross violation, as overturning the decision would unjustly privilege one party over another without a clear legal basis.
Regeste Legislator
Généré par l'IAArt. 417 § 1 k.p.c.; Art. 421 § 1 k.p.c.; Even an obvious error in law is insufficient to constitute a gross violation requiring the setting aside of a judgment; only errors producing consequences unacceptable from the perspective of the rule of law qualify as gross violations.