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The Supreme Administrative Court has upheld DZP's position that, in proceedings before the administrative court involving appeals against decisions issued by the Review Committee for Matters Involving Warsaw Real Estate, the circle of participants is determined by Article 33 § 1a of the Law on Administrative Court Proceedings, not by the general provision of Article 33 § 1 of this Law.
As stated by the Supreme Administrative Court in three decisions of 8 and 26 November 2019 obtained by the DZP Real Estate Practice (I OZ 1038/19, I OZ 1102/19 and I OZ 1125/19), Article 16(3) and (4) of the Act of 9 March 2017 on Special Rules for Removing the Legal Effects of Reprivatisation Decisions concerning Warsaw Real Estate Issued in Breach of the Law is a special provision referred to in Article 33 § 1a of the Law on Administrative Court Proceedings. The latter provision, however, covers all situations in which the parties are, at the administrative proceedings stage, notified of decisions and other actions of an authority in a public procedure, regardless of whether the service procedure is an obligation or merely a power of the authority, which the authority exercises in a specific case.
The above decisions have two main procedural consequences in cases involving appeals against decisions issued by the Review Committee for Matters Involving Warsaw Real Estate.
First, parties to proceedings before the Review Committee for Matters Involving Warsaw Real Estate that have not lodged an appeal with the administrative court and the outcome of the court proceedings concerns their legal interest become participants in these proceedings having the rights of a party if, prior to the start of the hearing, they apply to join the proceedings. Therefore, pursuant to Article 54(4) of the Law on Administrative Court Proceedings, the Review Committee should notify the lodging of the appeal and the response to the appeal by way of a notice at the seat of that authority and on its website, and also in the manner customary in Warsaw (where the Review Committee is based), at the same time advising the parties to the proceedings of Article 33(1a) of the Law on Administrative Court Proceedings.
Second, parties to proceedings before the Review Committee for Matters Involving Warsaw Real Estate that have not filed an appeal with the administrative court or applied to join the court proceedings are not participants in these proceedings. Therefore, by virtue of Article 12 of the Law on Administrative Court Proceedings, the provisions of this Law concerning the parties do not apply to these entities, and so, e.g. the death of such a person (who is not a participant) during the court proceedings does not constitute grounds for the proceedings to be suspended (which the Supreme Administrative Court decisions of 8 and 26 November 2019, I OZ 1038/19, I OZ 1102/19 and I OZ 1125/19 obtained by the Real Estate Practice explicitly concerned).
The case was run by Lech Żyżylewski and Piotr Gołaszewski from the Real Estate Practice, specialising, inter alia, in reprivatisation matters.
From 25 May 2018 the General Data Protection Regulation (GDPR) applies in Poland and other European Union countries. We would therefore like to give you several details on the subject of how DZP processes personal data.
The administrator of the personal data is Domański Zakrzewski Palinka Sp.k. (“DZP”; address: Rondo ONZ 1, 00-124 Warszawa). Data are processed for contact purposes and to impart information on changes to provisions and authority practices and on other issues, including events concerning day-to-day legal, economic and cultural issues, inter alia, by sending DZP newsletters. The above is carried out on the basis of legitimate interests, i.e. in accordance with art. 6(1)(f) of the GDPR. Data can also be processed where necessary for the conclusion or performance of a contract and for compliance with a legal obligation to which DZP is subject, i.e. pursuant to art. 6(1)(b) and (c) of the GDPR. Data can be transferred to entities with whose help DZP achieves the indicated aims, including entities maintaining IT infrastructure. Giving data is voluntary and in contractual relations is a requirement for concluding and performing a contract. It is possible to object to data processing, request access to, rectification and erasure of personal data or restriction of processing and data portability. Data are kept until an objection is made, and in contractual relations – throughout the term of the contract and thereafter for a period specified in provisions on archiving and limitations period for claims. Anyone has the right to file a complaint with the President of the Personal Data Protection Office. Questions concerning privacy at DZP can be sent to DZP’s Data Protection Inspector, Macieja Maciejewskiego, at: firstname.lastname@example.org.
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