National Decisions

 

Order of the Supreme Administrative Court of 05.02.2020 in (Case No. I OSK 1394/18)

motion for disqualification of a judge of the SAC - judge appointed at the request of the National Council of the Judiciary in its current composition – dismissal of the motion - CJEU Grand Chamber’s judgment of 19.11.2019 in joined cases C-585/18, C-624/18 and C-625/18 A.K. v Krajowa Rada Sądownictwa, and CP and DO v Sąd Najwyższy – application of the CJEU judgment – recognition of Supreme Court decisions by administrative courts and the Supreme Administrative Court – judgment of the Supreme Court of 5.12.2019 Case No. III PO 7/18 – resolution of the joined Chambers of the Supreme Court of 23.01.2020 Case No. BSA I-4110-1/20

Full text in English

Full text in Polish

 

Order of the Supreme Administrative Court of 27.01.2020 in (Case No. I OSK 1917/18)

motion for disqualification of a judge of the SAC - judge appointed at the request of the National Council of the Judiciary in its current composition – dismissal of the motion - CJEU Grand Chamber’s judgment of 19.11.2019 in joined cases C-585/18, C-624/18 and C-625/18 A.K. v Krajowa Rada Sądownictwa, and CP and DO v Sąd Najwyższy – application of the CJEU judgment – recognition of Supreme Court decisions by administrative courts and the Supreme Administrative Court – judgment of the Supreme Court of 5.12.2019 Case No. III PO 7/18 – resolution of the joined Chambers of the Supreme Court of 23.01.2020 Case No. BSA I-4110-1/20

Full text in English

Full text in Polish

 

Order of the Supreme Administrative Court of 20.12.2018 (II OZ 1239/18)

International protection - provisional interim measure - suspension of enforcement of a decision - foreigner's right to stay on the territory of Poland until the end of proceedings before the first instance court - administrative court proceedings - Procedural Directive 2013/32/EU

Summary in English

Full text in Polish

 

Order of the Supreme Administrative Court of 6.12.2018 (I FSK 2261/15)

Reference for preliminary ruling - Article 90 of Directive 2006/112/EC - bad debt relief - principle of VAT neutrality - principle of VAT proportionality

Full text in English

Full text in Polish

 

Order of the Supreme Administrative Court of 21.11.2018 (GOK 2/18)

Reference for preliminary ruling - Competition for a vacant post of a judge - Principle of the rule of law - Right to an effective remedy and effective judicial protection - Principle of equal treatment - Principle of equal access to the public service - Principle of institutional balance - Treaty on the European Union - Charter of Fundamental Rights - Directive 2000/78/EC

Summary in English

Full text in Polish

 

Judgment of the Supreme Administrative Court of 10.10.2018 (II OSK 2552/16)

Foreign birth certificate – register – transcription of the foreign vital records of a Polish citizen - parents of the same gender - public policy exception - optional and obligatory transcription - best interest - constitutional obligation to protect children’s rights

Summary in English

Full text in Polish

 

Judgment of the Supreme Administrative Court of 19.06.2018 (I FSK 2078/14)

Value added tax - Reduced tax rate for pastry products - Directive 2006/112/EC - Implementation of CJEU’s judgment - Principle of procedural autonomy of the member states - Recommendations from the CJEU’s judgement

Summary in English

Full text in Polish

 

Judgment of the Supreme Administrative Court of 13.03.2018 (II OSK 1969/17)

Control of the legality of foreigners' stay - international protection - Regulation No 604/2013 (Dublin III) - transfer of a foreigner to another EU country - foreigner's obligation to return - prohibition on re-entry into the territory of Poland and other Schengen States - refusal to determine that a decision is invalid - flagrant breach of law - Direct application of EU law - principle of effectiveness of EU law

Summary in English

Full text in Polish

 

Judgment of the Supreme Administrative Court of 8.02.2018 (II FSK 342/17)

Taxation - rules of taxing overpayments resulting from a conflict between national law and EU law - principle of effectiveness and equivalence

Summary in English

Full text in Polish