Procedural law, case II FSK 153/09

June 11th, 2010, Tomasz Rychlicki

The Supreme Administrative Court in its judgment of 21 May 2010 case file II FSK 153/09 held that the allegations made in the cassation complaint are key issues for identyfing the boundaries of a given case. The Supreme Administrative Court shall decide the case within the scope of a cassation complaint, examining ex officio only the invalidity of the proceedings. The legitimacy of cassation complaint shifts from the legitimacy of allegations that were raised in it, which should be demonstrated by appropriate justification. The exclusion by the Voivodeship Administrative Court of binding interpretation of law in a given case, that is based on article 153 of the PBAC, is a violation of law, in particular the democratic rule of law provided in article 2 of the Polish Constitution.