Judgment of Supreme Administrative Court in Warsaw

18 February 2009

Case No. I OSK 405/08

Formal requirements for cassation appeal

Legal role of State Labour Inspectorate

1. The grounds for a cassation appeal must be formulated precisely and unambiguously, with no room for inference or conjecture. The Supreme Administrative Court is bound by the wording of the cassation appeal and may not address other unspecified allegations.

2. As a cassation court, the Supreme Administrative Court has no authority to narrow down allegations on its own motion or hypothesize the specific law which is the basis for the cassation appeal. If the appellant does not specify in the prayer for relief which specific subsections of a law the lower court allegedly misinterpreted, the grounds for appeal are improperly presented.

3. An order by the State Labour Inspectorate which is not an executive act but is limited to an allegation of violation of labour law and a demand to cure the violation by a specified deadline is not an administrative decision or other public administrative act for purposes of Administrative Court Procedure Law Art. 3 §2(4).