Przesłanka negatywna wznowienia postępowania administracyjnego a rozpoznanie sprawy
Negative ground of the reopened administrative proceedings and the examination of the case

Summary/Abstract: Finding that there is a negative ground pursuant to art. 146 of Code of Administrative Procedure, may take place only as a result of the examination of the case in the reopened proceedings.If the authority determines that the final decision has been issued in proceedings affected by a qualified defect listed in art. 145 § 1 of the Code of Administrative Procedure, it is obliged to reconsider the case, except that if there is a condition of limitation, it may not quash the decision, but only state that the decision was issued in contravention to the law and the authority shall indicate circumstances due to which the authority did not quash the decision.

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