The Voivodeship Administratve Court in Warsaw in its order of 16 June 2010 case file VI SA/Wa 134/10 held that the principle of filing a complaint in the administrative proceedings through a public authority/body means that in case of a complaint filed directly to the administrative court or through a public authority other than the one whose action or inaction is the subject of the complaint, that court or authority should hand on such complaint to the competent authority of public administration. The deadline to bring an action referred to in article 53 § (1-3) of the PBAC, is decided on the date when the complaint was delivered to the relevant court or public administration body by the public authority who received it first.

This judgment is not yet final. A cassation complaint may be filed to the Supreme Administrative Court.

See also “Polish regulations on industrial designs” and “Polish case law on industrial designs“.

Categories: Art. 53 PBAC | Art. 54 PBAC | case law | Polish Act on Proceedings Before Administrative Courts | Polish Patent Office | Voivodeship Administrative Court.