Procedural law, case GSK 940/04

January 25th, 2011, Tomasz Rychlicki

The Supreme Administrative Court in its judgment of 7 January 2005 case file GSK 940/04 held that the SAC shall apply the measures provided for in Article 135 the Polish Act of 30 August 2002 on Proceedings Before Administrative Courts – PBAC – (in Polish: Prawo o postępowaniu przed sądami administracyjnymi), published in Journal of Laws (Dziennik Ustaw) No 153, item 1270 with subsequent amendments, in order to eliminate breaches of law in respect of actions or acts issued or undertaken in all proceedings that were conducted within the case to which the cassation complaint was filed, if it is necessary to its final ending. The Court is obliged to go beyond the boundaries of a cassation complaint, but it does not mean, however, that the court is not bound by the limits of a case in which the action was brought. It cannot therefore adopt the measures provided for by the law and “interfere” in the new issue which has been or shall be the subject of proceedings before an administrative authority, and acts that should be issued in this kind proceeding.

This case concerned the request to decide on the lapse of the right deriving from registration of a trade mark that was filed before the Polish Patent Office by P.H. “Jubiler” Spółka z o.o. from Poznań. The proceeding before the PPO proved that this case should be focused on other important issues, mainly, the validity of transfer of the registration of the trade mark JUBILER R-60833. The PPO dismissed the request. The company from Poznań filed a complaint against this decision. The Voivodeship Administrative Court in Poznań in its judgment of 16 March 2004 case file II SA 2550/02 dismissed it. P.H. “Jubiler” sp. z o.o. filed a cassation complaint.


The Supreme Administrative Court held that the boundaries of the administrative case are determined by the extent of judicial review of public administration, which is provided in Article 1 of the Polish Act of 25 July 2002 on Law on Administrative Courts – LAC – (in Polish: Prawo o ustroju sądów administracyjnych), published in Journal of Laws (Dziennik Ustaw) No. 153, item 1269 with subsequent amendments. Therefore, in the case that concerned a complaint filed on the issue of the lapse of the registration of trade mark, the Court could not examine and apply the measures provided for by law in another case, namely concerning the agreement on the transfer of the registration of the trade mark.