Application for the resumption of proceedings

The decision in your case has been issued unlawfully? Have there been any significant new relevant circumstances in this case? Perhaps evidence proved to be false? Check below what you can do in such a situation.

How to proceed

What you should know and who can use this service

You may resume the proceedings only in certain cases.  In the course of those proceedings may be checked the decisions (orders) that are final, i.e. against which you cannot appeal.  
 
In the case concluded by the final decision the proceedings may be resumed if:  
 
1. evidence in the case proved to be false;  
2. the decision was issued as a result of an offence;  
3. the decision was issued by a staff member or authority not authorised to do so;  
4. you did not participate in the procedure (without your fault);  
5. relevant new facts or new evidence which existed at the date of the issuance of decision, which the authority was not aware of;

6. the authority issued a decision without the position of another authority as required by law;

7. the preliminary question has been resolved by an authority or a court other than the position taken in the decision;

8. the authority issued a decision based on another decision or judgment of the court, which was subsequently revoked or amended;
9. The Constitutional Tribunal has ruled that a legal act is incompatible with the Constitution, an international agreement or a law on the basis of which a decision has been made in your case;
10. the court issued a ruling in which it found an infringement of the principle of equal treatment, in accordance with the Act of 3 December 2010 on the implementation of certain provisions of the European Union in the field of equal treatment, if the violation of this principle had an impact on the resolution of the case concluded with the final decision.

A resumption of proceedings  only at the request of a party takes place if:

1. you did not participate in the proceedings (without your fault);
2. The Constitutional Tribunal has ruled that a legal act is incompatible with the Constitution, an international agreement or a law on the basis of which a decision has been made in your case;
 3. the court ruled that the principle of equal treatment was infringed in accordance with the Act of 3 December 2010 on the implementation of some provisions of the European Union in the field of equal treatment, if the violation of this principle had an impact on the resolution of the case concluded with the final decision.

Execution of your decision may be suspended.

The authority itself or at your request may suspend the execution of the decision if the circumstances of the case indicate that the decision may be overturned as a result of the resumption of the proceedings.

When you should complete this procedure

Submit application for resumption of the proceedings to the authority which issued the decision in your case at first instance, within one month from the date on which you became aware of the circumstances giving rise to the resumption of the proceedings.
If the reason for the resumption of the proceedings is your failure to participate in the proceedings, the time limit for filing an application for resumption of the proceedings shall run from the date on which you became aware of this decision.  

If the reason for the resumption is a decision of the Constitutional Tribunal on the incompatibility of a legal act with the Constitution, an international agreement with a law, the application for the resumption of proceedings shall be submitted within one month from the date of entry into force of the decision of the Constitutional Tribunal. In the event of a court ruling violating the principle of equal treatment, you should file a resumption request within one month of the date on which the court decision becomes final.

You may not apply for the resumption of the proceedings after 5 years from the date on which the decision was issued or announced:

1. the evidence in the case proved to be false;
2. the decision was issued as a result of an offence.

A decision may not be annulled if 10 years have elapsed since its delivery or announcement and the request for annulment was based on the following circumstances:

1.  the evidence on the basis of which the facts relevant to the case were established proved to be false;
2. the decision was issued as a result of an offence.

Reversal of a decision, if from the date of its delivery or publication elapsed 5 years, it may not take place if the application was based on the following circumstances:  
 
1. a decision was issued by the employee or the authority which was not authorised to do so, 
2. you did not take part in the procedure (without your fault);  
3. become apparent relevant new facts or new evidence existing at the date of the issuance of decision, not known to the body that issued the decision;  
4. body issued decision without the legal position of another office;  
5. preliminary question has been settled by the authority or court different from the position adopted when issuing decision;  
6.body issues a decision on the basis of another decision or court judgment that has been revoked or amended;  
7. The Constitutional Court decided on incompatibility of the act with the Constitution, an international agreement or Act, on the basis of which the decision has been issued;  
8. the court held that a breach of the principle of equal treatment in accordance with the Act of 3 December 2010 on implementation of certain European Union provisions on equal treatment, where an infringement of that principle had affected the outcome of the case which gave rise to the final decision.

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
• 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
• cities with poviat status
• KRAJOWY OŚRODEK WSPARCIA ROLNICTWA
• URZĄD OCHRONY DANYCH OSOBOWYCH
• GŁÓWNY INSPEKTORAT FARMACEUTYCZNY
• GŁÓWNY INSPEKTORAT JAKOŚCI HANDLOWEJ ARTYKUŁÓW ROLNO-SPOŻYWCZYCH
• GŁÓWNY URZĄD MIAR
• GŁÓWNY INSPEKTORAT WETERYNARII
• KOMENDA GŁÓWNA POLICJI W WARSZAWIE
• KRAJOWA IZBA DORADCÓW PODATKOWYCH W WARSZAWIE
• MINISTERSTWO FINANSÓW
• Ministerstwo Rozwoju i Technologii
• MINISTERSTWO INFRASTRUKTURY
• Ministerstwo Rolnictwa i Rozwoju Wsi
• MINISTERSTWO SPRAW WEWNĘTRZNYCH I ADMINISTRACJI
• MINISTERSTWO SPRAWIEDLIWOŚCI
• Ministerstwo Klimatu i Środowiska
• Ministerstwo Zdrowia
• Narodowy Bank Polski
• PAŃSTWOWA AGENCJA ATOMISTYKI
• POLSKI KLUB WYŚCIGÓW KONNYCH
• URZĄD KOMUNIKACJI ELEKTRONICZNEJ
• URZĄD LOTNICTWA CYWILNEGO
• URZĄD TRANSPORTU KOLEJOWEGO
• WYŻSZY URZĄD GÓRNICZY
• GŁÓWNY INSPEKTORAT TRANSPORTU DROGOWEGO
• URZĄD PATENTOWY RZECZYPOSPOLITEJ POLSKIEJ
• URZĄD REJESTRACJI PRODUKTÓW LECZNICZYCH, WYROBÓW MEDYCZNYCH I PRODUKTÓW BIOBÓJCZYCH
• URZĄD DOZORU TECHNICZNEGO
• CENTRUM ORGANIZACYJNO-KOORDYNACYJNE D/S TRANSPLANTACJI POLTRANSPLANT
• Generalna Dyrekcja Ochrony Środowiska
• KRAJOWA IZBA DIAGNOSTÓW LABORATORYJNYCH W WARSZAWIE
• URZĄD KOMISJI NADZORU FINANSOWEGO
• Polska Agencja Nadzoru Audytowego

What to do step by step

1. Submit an application for the resumption of proceedings

Documents

Time limit

Submit application for resumption of the proceedings to the authority which issued the decision in your case at first instance, within one month from the date on which you became aware of the circumstances giving rise to the resumption of the proceedings.
If the reason for the resumption of the proceedings is your failure to participate in the proceedings, the time limit for filing an application for resumption of the proceedings shall run from the date on which you became aware of this decision.  

If the reason for the resumption is a decision of the Constitutional Tribunal on the incompatibility of a legal act with the Constitution, an international agreement with a law, the application for the resumption of proceedings shall be submitted within one month from the date of entry into force of the decision of the Constitutional Tribunal. In the event of a court ruling violating the principle of equal treatment, you should file a resumption request within one month of the date on which the court decision becomes final.

You may not apply for the resumption of the proceedings after 5 years from the date on which the decision was issued or announced:

1. the evidence in the case proved to be false;
2. the decision was issued as a result of an offence.

A decision may not be annulled if 10 years have elapsed since its delivery or announcement and the request for annulment was based on the following circumstances:

1.  the evidence on the basis of which the facts relevant to the case were established proved to be false;
2. the decision was issued as a result of an offence.

Reversal of a decision, if from the date of its delivery or publication elapsed 5 years, it may not take place if the application was based on the following circumstances:  
 
1. a decision was issued by the employee or the authority which was not authorised to do so, 
2. you did not take part in the procedure (without your fault);  
3. become apparent relevant new facts or new evidence existing at the date of the issuance of decision, not known to the body that issued the decision;  
4. body issued decision without the legal position of another office;  
5. preliminary question has been settled by the authority or court different from the position adopted when issuing decision;  
6.body issues a decision on the basis of another decision or court judgment that has been revoked or amended;  
7. The Constitutional Court decided on incompatibility of the act with the Constitution, an international agreement or Act, on the basis of which the decision has been issued;  
8. the court held that a breach of the principle of equal treatment in accordance with the Act of 3 December 2010 on implementation of certain European Union provisions on equal treatment, where an infringement of that principle had affected the outcome of the case which gave rise to the final decision.

2. Authority shall examine whether in your case it is possible to reopen the proceedings

Documents

3. Authority decides on the matter

Authority, following the proceedings (after the decision to initiate the procedure) shall issue a decision which: 

1. refuses to repeal the existing decision where it finds no grounds for cancelling it, or 
2. repeals existing decision when it identifies the existence of grounds for cancelling it and issue a new decision to settle the case or, 
3. the authority will limit itself to stating that the decision is vitiated by an error of law and annulled that decision, indicate why not.

How much you will have to pay

The service is free of charge

How long you will have to wait

Your case will be settled within one month. This period may be extended to two months, subject to notification by the official.

How can you appeal

The authority refuses to resume the procedure in the form of an order.  Please note that you may lodge a complaint against such order.  You can read more about the complaint on biznes.gov.pl.