Glosa do wyroku Naczelnego Sądu Administracyjnego z dnia 25 kwietnia 2018 r. (II GSK 2337/16)
Gloss to the Judgement of the Supreme Administrative Court of 25 April 2018 (II GSK 2337/16)

Summary/Abstract: The subject of this gloss is the judgement of the Supreme Administrative Court in case of imposing an administrative monetary penalty for movement of non-normative vehicle on public road in which the judgement of Voivodeship Administrative Court in Warsaw was set aside and return the case for re-examination. In this judgement, the formation of the court, in a way going against the previous line of jurisprudence, stated that decoding the meaning of “axle load provided for a given road” may result from the application of a functional interpretation driectives, and thus, the basis for its determination may also be the regulation of the Minister of Infrastructure of 31 December 2002 on the Technical Conditions of Vehicles and the Scope of Their Necessary Equipment. The content of the sentence itself and the reasons for the judgement do not allow for its approval, therefore the gloss has a critical character.

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