O skutkach nieprawomocnych orzeczeń sądów administracyjnych pierwszej instancji uwzględniających skargę na decyzje z zakresu reglamentowanej działalności gospodarczej

The article focuses on assessing the effects of non-final judgments of voivodeship administrative courts that uphold a complaint and annul administrative decisions, under which the addressees of the decision are granted the right to conduct regulated economic activity. The considerations refer to the purposive interpretation of the norm resulting from Art. 152 § 1 in fine of the Act of 30 August 2002 – the Polish Code of Administrative Court Procedure, which states that if a court upholds a complaint against an act or activity, the act or activity does not produce legal effects until the judgment becomes final unless the court decides otherwise. If a voivodeship administrative court upholds a complaint against a decision that the addressee of the act has executed, granting the party the right to conduct a regulated activity, no basis exists for applying Art. 152 § 1 of the p.p.s.a. Such acts should be classified as a special group of administrative decisions, the effects of which have occurred, making the application of the cited provision impossible. The application of Art. 152 § 1 p.p.s.a. must consider the purpose of this provision, which is to protect the party (addressee of the decision) from the deterioration of its situation due to the possible performance of the obligation resulting from the decision that has not been legally repealed.