E-proceedings, case II FZ 447/11

February 23rd, 2012, Tomasz Rychlicki

The Voivodeship Administrative Court in Gdańsk in its order of 23 March 2011 case file I SA/Gd 916/10 rejected a complaint against a decision on leaving the applicant’s request for the relief for the payment of court fees from the complaints, without examination. The complaint was sent by post the day after the deadline, but the day before, the same letter has been sent by e-mail at 10:50 pm to the court. The VAC found the complaint to be void and rejected it. The applicant filed a complaint against such order.

The Supreme Administrative Court in its order of 21 December 2011 case file II FZ 447/11 agreed with the applicant, and repealed the contested judgment and returned it to the VAC for further reconsideration. The SAC issued very precedential opinion. The Court held that despite the legal loopholes it is possible to bring the pleadings via e-mail correspondence with the courts. The court also held that the date of the filing is a real moment of delivery of the e-mail message, which will be communicated to the recipient in the appropriate e-mail program. The Court noted that information about the confirmation of data transmission, which includes the date of delivery, is provided in the header of each e-mail message and it decides on timely filing of the pleadings. The Court stressed that the party to the proceedings before the administrative courts cannot bear the negative consequences of failure to implement the Polish Act on Proceedings Before Administrative Courts of the relevant provisions concerning the submission of documents by electronic means. After that judgment a party can effectively bring to the administrative court every pleading by electronic means, including the complaint or a cassation complaint, despite the lack of a formal legal basis. The only problem is that the document lacks of a formal signature. But there is no obstacle to supplement it after the call issued by the court. If the applicant will send a complaint via e-mail at the last moment, it will be deemed as the effective delivery and filing. It only has to be signed in person after the call from the court in a specified deadline.