The Voivodeship Administrative Court in its judgment of 21 July 2010 case file VI SA/Wa 2135/09 held that when the party was aware of the deadline and has failed to comply and formally applies for the restoration, the authority cannot leave this request without consideration, while adopting the decision on the merits immediately. The general provisions of the Administrative Proceedings Code are applicable in such case.

Article 59.
§ 1. The relevant public administration body in the case shall make a decision on whether to reschedule the deadline. An interlocutory objection may be filed in relation to a refusal to restore the deadline.
§ 2. The body having jurisdiction for hearing an appeal or an interlocutory objection shall make a ruling on whether to reschedule the deadline for making such an appeal or interlocutory objection.

The relevant public administration body decides whether to reschedule the deadline.