Appeal

If you are not satisfied with the decision you have received, you can appeal. Below you will find information on how you can do this.

How to proceed

What you should know and who can use this service

You can appeal against both positive and negative decisions. You can appeal against a decision when:

• you are a party - the proceedings are related to your legal interest or duty,
• this is a first instance decision.

You can appeal even if you were not involved in the previous proceedings.

Exceptions

You cannot appeal against a decision issued by the Minister or the local government appeals board. In this situation, you can apply for a retrial.

When you should complete this procedure

You have 14 days to lodge an appeal. The time starts from the day the decision is announced to you or from the day you received it.

Where you can complete this procedure

You can complete this procedure at:

• District Medical and Veterinary Chamber
• District Offices
• Marshal Offices
• city/town or commune (gmina) offices
• Voivodship Labour Offices
• Voivodship Offices
• Tax Chambers
• Voivodship Police Headquarters
• Education Offices
• Inland Waterway Offices
• Voivodship Pharmaceutical Inspectorates
• Voivodship Inspectorates of Agricultural and Food Quality
• Voivodship Inspectorates of Plant Health and Seed Inspection
• District Chamber of Nurses and Midwives
• District Pharmaceutical Chambers
• Voivodship Inspectorates of Building Control
• District Inspectorates of Building Control
• District Sanitary-Epidemiological Stations
• District Sea Fisheries Inspectorates
• District Mining Offices
• Certification units
• cities with poviat status
• CENTRUM ORGANIZACYJNO-KOORDYNACYJNE D/S TRANSPLANTACJI POLTRANSPLANT

What to do step by step

1. Submit an appeal

The body that issued the decision to you will forward the appeal to the competent appeal body. In this way, even if you do not identify the body of second instance correctly, the body of first instance will forward it to the competent appeals body.

The higher level bodies are:

1) in relation to the bodies of local government units (heads, mayors, city mayors, starosts, voivodship marshals) - local government appeal court, unless specific acts provide otherwise;

2) in relation to voivodes - competent ministers;

3) with respect to public administration bodies other than those specified above - relevant superior bodies or competent ministers, and if there are no such bodies - state bodies supervising their activity;

4) in relation to the bodies of social organisations - appropriate bodies of a higher level of these organisations or, in the absence thereof, the state body supervising their activity.

Documents

Time limit

You have 14 days to lodge an appeal. The time starts from the day the decision is announced to you or from the day you received it.

2. The lower level body will accept the appeal

The body of first instance may change its decision.

If the authority upholds your appeal, it will revoke or amend the contested decision. You can appeal against a new decision.

If the body does not accept your appeal, it will forward your application to a higher level body. They will do this within 7 days of your appeal.

3. You will receive a decision of the authority

The appeal body will check whether:

• you have filed your appeal within the time limit, and
• you have the right to appeal in this case.

The decision in this case is final. If you file an appeal after the deadline or the authority determines that the appeal is inadmissible, the authority will not control the decision.

You will be informed of the outcome of the proceedings. The appeal body will make one of the following decisions in which:

• rejects your requests - upholds the contested decision;
• partially satisfies your requests - revokes part of the contested decision and amends it accordingly;
• annuls the decision and discontinues first instance proceedings in whole or in part;
• terminates the appeal proceedings.

As a general rule, the appeal body may not issue a decision against the appellant unless the contested decision grossly infringes law or public interest.

Documents

How much you will have to pay

The service is free of charge

How long you will have to wait

How can you appeal

There is no right of appeal against the appeal decision, e.g. a further appeal, a complaint or a request for reconsideration. However, you can lodge a complaint against such a decision with the Voivodeship Administrative Court. You have 30 days from the date of delivery of the appeal decision. Instructions on how to file a complaint can be found in the instructions in the decision.

Good to know

I want to renounce my appeal

You can withdraw the appeal before the appeal body has issued its decision. However, the body repealing the appeal will not accept the withdrawal of the appeal if this would lead to the upholding of the decision infringing the law or public interest.

What to do if the time limit for lodging an appeal has expired

If you want to appeal against the decision and the deadline has passed, you can apply for a reinstatement of the deadline for appeal.

You have noticed spelling mistakes or minor, obvious mistakes in the decision you received.

If you notice mistakes in the decision you receive, you can apply to complete the decision and correct the mistakes.

Is the decision I have received final?

If 14 days have not yet passed since the decision, the decision has not yet become final. The decision will not be implemented until the appeal deadline has passed.

Exceptions: the decision will not be suspended when:

• the decision is made immediately enforceable; 
• the decision is immediately enforceable by law;
• the decision is enforceable before the expiry of the time limit for lodging an appeal if it is in conformity with the request of all parties.