Archive for: Art. 39¹ APC

Procedural law, case II SA/Go 43/13

March 13th, 2013, Tomasz Rychlicki

The Head of District Labour Office called an unemployed person to appear before the Office in order to confirm readiness for employment. The Head director informed that the absence will result in the deprivation status of the unemployed. The unemployed person informed the Office that he was not able to appear, becasue of the unexpected surgery. He also requested the Office to appoint a new date to appear, and for delivery of correspondence by e-mail. The Office sent another call by mail. The unemployed did not appear before the Office, and by the decision of the Foreman, he lost unemployment status and privileges. He decided to file a complaint against this decision.

The Voivodeship Administrative Court in Gorzów Wielkopolski in its judgment of 28 February 2013 case file II SA/Go 43/13 annulled the contested decision, ruled it unenforceable. The Court ruled that according to the provisions of Article 391 of the Administrative Proceedings Code – APC – (in Polish: Kodeks postępowania administracyjnego) of 14 June 1960, published in Journal of Laws (Dziennik Ustaw) No 30, item 168, consolidated text of 9 October 2000, Journal of Laws (Dziennik Ustaw) No 98, item 1071 with subsequent amendments, the delivery should be be made by means of electronic communication if a party or other participant to the administrative proceedings applied to the public administration authority for the service, or consented to having the service effected by such means.