KKO 203/2012
Generato dall'IA
Supreme Court dismisses appeal withdrawal objection, ruling procedural silence does not equate to consent to withdrawal.
Finlandia (FI)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the applicant's objection regarding the court's refusal to accept a withdrawal of appeal. The applicant argued that the court's silence on the withdrawal constituted implicit acceptance, but the court found no such implication in the procedural record. Consequently, the court ruled that the applicant's explicit withdrawal was invalid due to the lack of a formal procedural act confirming it.
Regesto Legislator
Generato dall'IAs. 33 of the Administrative Court Act; The court's failure to respond to an appeal withdrawal does not constitute acceptance of the withdrawal, and the withdrawal remains ineffective without a formal procedural act.
Parole chiave
Generato dall'IA
administrative appeal withdrawal
procedural silence
court refusal
administrative court act
appeal dismissal
licenza edilizia a posteriori
permesso di demolizione
effetto sospensivo della licenza edilizia
Disposizioni normative citate
Generato dall'IAs. 33 of the Administrative Court Act
Decisioni correlate
Generato dall'IAkko-other_1998_1728
Supreme Court dismisses appeal as withdrawn; applicant withdrew complaint, halting further proceedings.
kko-other_2001_2624
Supreme Court dismisses appeal as withdrawn; applicant withdrew appeal, halting proceedings.
kko-other_2009_533
Supreme Court dismisses appeal withdrawal objection, ruling withdrawal does not automatically suspend oral hearing proceedings.
kko-other_2011_329
Supreme Court dismisses appeal withdrawal objection, ruling procedural silence does not equate to consent to withdrawal.
admin_2001_kuopio__414
Administrative court dismisses appeal against a non-binding notice of receipt, transferring case to building control authority.
Testo completo
Hakijan peruutettua valituksensa lausunnon antaminen asiassa on rauennut.