Success before the Supreme Administrative Court

News / 04.06.2018

The Supreme Administrative Court rejected the cassation appeal against the decision of the Voivodship Administrative Court in Rzeszow on the rejection of the complaint against the resolution of the City Council consenting to the non-tender sale of real estate to the Law Firm’s Client.

The Supreme Administrative Court agreed with the argumentation and the position presented by the Law Firm’s lawyers that the complaint should have been rejected, as the claimant did not have right to lodge a complaint, due to the fact that the necessary condition for the admissibility of an appeal against a resolution of the City Council is the existence of a real and actual legal interest, and not merely a hypothetical one. The Supreme Administrative Court also stressed that the Court of First Instance correctly assumed that Article 231 § 1 of the Civil Code is a special provision, as referred to in Article 37.2 sec. 1 in connection with Art. 34 sec. 1 item. 1 of the Act on Real Estate Management, which allows the municipality to dispose of real estate included in the municipal resource without a mandatory tender.