Gloss to the Decision of the Supreme Administrative Court of 16 October 2013, Case No. I OZ 805/13, Lex No. 1397205 (Relating to the Overlap Request for Relief about Restoration of the Date with Legal Remedy in Administrative Court Proceedings)

Abstract

So far, the case law of the Supreme Administrative Court considered that when the party lodged a cassation complaint against the decision to reject the complaint, the beginning of the period to file an application for relief with the date of receipt of the final ruling conclusive on the cassation appeal, while at the same time requested for restoration of term it is premature and must be dismissed as inadmissible. The issue of failure and restore the term regulated by art. 85–89 of the Act of 30^th August 2002 Law on proceedings before administrative courts (l.p.a.c.). From the above provisions it does not imply that the request for relief filed simultaneously with the appeal should be rejected as inadmissible. The notion of mutual exclusion of these institutions to process only means that both of these procedural measures can not be both justified and thus not included. If both procedural actions satisfy the conditions for them to formal requirements, it is necessary to give them the proper gear. Provincial Administrative Court must first give a running complaint, and in the case of dismissal proceed to examine the application for relief. You can not agree with the reasoning presented in voting ruling views concerning the beginning of the period to file an application for relief. The Supreme Administrative Court pointed out that the limitation period can be counted from the date of receipt of copy of the order dismissing the complaint only exceptionally. The seven-day deadline to submit an application for restoration of the term of art. 87 § 1 l.p.a.c. begins to run from the date of termination of the term causes of the failure. So this is a circumstance exists objectively, however, subject to modification in the event of a remedy. The constitutional principle of the right to a court and court proceedings indicate that the party disagreeing with the assessment of the court, that fulfill the term, may lodge an appeal against that decision. Only the court of appeal may assess whether in fact there has been prejudice to the period. It was not until the final resolution of this matter will start the period for submission of the application for relief.