Information and services website for entrepreneurs

Complaint

Are you not satisfied with the decision of the authority and would you like to appeal against it? Below you will find out whether it is possible to make a complaint in your situation.

How to proceed

This procedure can be completed:

  • at an office
  • by post
  • electronically

What you should know and who can use this service

Not every decision can be appealed against. The decision should state whether it can be appealed against.

The decisions that can be appealed against are listed in detail in the Code of Administrative Procedure. Check to see if you can file a complaint against the decision you have received.

You can file a complaint when you are a party to the proceedings, even if you were not involved in the previous proceedings.

According to the Code of Administrative Procedure, you are entitled to make a complaint about:

  • a decision to refuse to initiate proceedings at the request of a social organisation;
  • a decision to refuse to allow a social organisation to participate in the proceedings;
  • a decision to refuse to reinstate the time limit (with the exception of a decision to refuse to reinstate the time limit for lodging an appeal or a complaint, which is final);
  • a decision to refuse to examine the case file, to take notes and make copies and extracts thereof, to certify such copies or to issue certified copies;
  • a decision to refuse to grant immunity from fines;
  • a decision on the stay of proceedings;
  • a decision to refuse to resume suspended proceedings;

  • a decision to refuse to initiate proceedings (if the authority did not consider you a party and therefore refused to initiate proceedings);

  • a decision to refuse to resume the proceedings;

  • a decision on the adoption of a position in the case by another authority (if a provision of law makes the issuance of a decision conditional on the adoption of a position by another authority) ;

  • a decision to make the decision immediately enforceable;

  • a decision to rectify and clarify the decision (if there were clerical or accounting errors or other obvious mistakes in the decision);

  • a decision to approve or refuse to approve a settlement;

  • a decision relating to the issue of a certificate of tacit settlement of the matter;

  • a decision refusing to issue a certificate of tacit settlement of the case;

  • a decision to refuse to issue a certificate or certificate with the content requested by the person applying for it;

  • a decision to suspend the execution of the decision (a decision made at the resumption of proceedings on the ground that the decision is likely to be reversed);

  • a decision staying the execution of the decision (a decision made during the proceedings annulling the decision on the ground that the decision is likely to contain defects);

  • a decision to return the application (when you have sent your letter to the wrong authority or you have not paid the fees and costs of the proceedings, as indicated by the authority);

  • a decision to establish the costs of the proceedings;

  • a decision imposing a fine on account of:

    • failure to appear as a witness or expert without due cause, despite a proper summons and the obligation to appear in person,

    • unjustified refusal to give evidence,

    • unjustified refusal to issue an opinion,

    • unjustified refusal to present the object of inspection,

    • unjustified refusal to participate in another official act,

    • misbehaviour during the hearing.

If you cannot file a complaint against the decision you have received, you can only appeal against only by means of filing an appeal.

Exception:

  • a decision issued in the first instance by the competent minister, or
  • a decision issued in the first instance by the local government appeals board.

In such a situation, you can apply for a reconsideration of the case by the authority that issued the decision.

When you should complete this procedure

You have 7 days to submit a complaint, counting from the day when the decision was announced or delivered.

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
  • Krajowa Izba Doradców Podatkowych
  • 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 do Spraw Transplantacji "POLTRANSPLANT"
  • Generalna Dyrekcja Ochrony Środowiska
  • Krajowa Izba Diagnostów Laboratoryjnych
  • Urząd Komisji Nadzoru Finansowego
  • Polska Agencja Nadzoru Audytowego

Complaint is submitted to the competent appeal body through an authority which issued the decision you are not satisfied with.

Enter the chosen location.

What to do step by step

  1. Filing a complaint

Submit your complaint to the competent appeal body through the authority which issued the decision you are not satisfied with. 

Higher level authorities include:

  • with regard to bodies of the local authorities (wójt, city mayor, city president, starost and voivodeship marshal) - local appeal bodies, unless specific rules provide otherwise;
  • with regard to the voivodes - relevant ministers;
  • with regard to public administration bodies other than those listed above - relevant bodies or ministers, or in their absence, national authorities supervising their activities;
  • with regard to social organisations - higher level bodies of these organisations, and in their absence - national authorities supervising their activities. 

Documents

Download:
You can submit a document as:
Oryginał

Time limit

You have 7 days to submit a complaint, counting from the day when the decision was announced or delivered.

  1. The lower level authority will accept the complaint

If the authority identifies any deficiencies, it will ask you to complete them. You will have at least 7 days to complete any missing elements. Please note that if you fail to do so, your application will not be further considered.

If you are not the sole party to the proceedings, the authority is obliged to inform the other parties that you have submitted the application. In this case, you will only receive a new decision if a complaint has been lodged by:

  • all parties, or
  • one party and the other parties agreed to this.

The body will assess whether the complaint deserves to be taken into account in its entirety. Then, if necessary, it will suspend the enforcement of the decision against which you have complained.

If the authority accepts your complaint, it will annul or amend the decision you have appealed against.

If the authority does not accept your complaint, it will forward your application to a higher level authority.

Time limit

The lower level body has 7 days to consider your complaint or to forward your application to the higher level body.

  1. You will receive a decision

The appeal body will check whether

  • you have filed the complaint within the time limit, and
  • you had the right to file the complaint.

In the course of the proceedings, the appeal body may remit the case to a lower level body ordering it to:

  • supplement the material and evidence in the case, or
  • consider the case again.

You will receive information about the outcome of the proceedings. The appeal body will issue a decision:

  • rejecting your requests, and upholding the decision against which the complaint has been filed,
  • partially accepting your requests - repealing a part of the decision against which the complaint has been filed and amending it accordingly,
  • annulling the decision and discontinuing the proceedings at first instance in whole or in part.

Documents

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

If you have not made a complaint within the time limit through no fault of yours, you can demand that the deadline be reinstated. You have 7 days to file an application. The time limit is counted from the day when the reason for the failure to comply with the deadline ceases to exist.

You can file a complaint with the administrative court after all other means of challenging the decision have been exhausted, if the person filing a complaint was entitled to use them before the competent authority in the case. Exhaustion of all means of challenge should be defined as a situation in which a party has no right of appeal, such as a complaint, appeal or application for reconsideration of the case, as provided for in the relevant Act.

Good to know

How to resign from a complaint

You can withdraw your complaint before the appeal body makes a decision. The appeal body will not withdraw your complaint if this led to an infringement of the law or public interest.

My proceedings are prolonged

If your proceedings take longer than necessary to settle the case, you can appeal against it. In order to do this, file a reminder of the length of the proceedings.

My proceedings were not completed in time

If your proceedings are not completed within the time limit, you can appeal against it. To do this, file a reminder of the authority's failure to act.

As in the case of a complaint, the reminder is submitted to a higher level body, through a lower level body.

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