Procedural law, case II GSK 643/09

July 12th, 2010, Tomasz Rychlicki

The Supreme Administrative Court in its judgment of 11 June 2010 case file II GSK 643/09 clarified the rules for a cassation complaint. Accordingly, a cassation complaint may be based on the violation of substantive law. The violation is based on legal misinterpretation or improper application of the law. Misinterpretation is a false understanding of legal norms. The improper application is a wrong recognition that the factual scenario established in a given case is a subject to a specific rule of law. The improper application of law may also rely on non-application of the legal provision which should be used in a given case. The violation of the substantive law by the court of first instance (the Voivodeship Administrative Court) is always based on the wrong assessment of the application of substantive law by the Polish Patent Office. That is, either through the unfounded acceptance of an error in law that was made by the PPO or unjustified accusation of the PPO of such error. The SAC stressed that the allegation of infringement of substantive law can be effectively formulated only when the applicant who filed a cassation complaint agrees that the facts of the case had been established properly. Putting this plea in the case of challenging the factual findings is premature.