Supreme Administrative Court clarifies that only an unauthorized representative can fix a complaint signature error, not the principal.
Unauthorized Representative’s Responsibility
The issue concerned a complaint to the voivodeship administrative court. The Supreme Administrative Court ruled that if the representative did not sign it, only he can rectify this error – by attaching a power of attorney document. The principal will not be summoned to independently sign the complaint.
Consequences of Not Correcting the Error
If there is no response to the summons to attach the power of attorney document, the complaint will be rejected, in accordance with art. 58 sec. 1 pt. 3 in connection with art. 39 sec. 1 and in connection with art. 46 sec. 3 of the Code of Administrative Procedure (Journal of Laws 2024 pos. 935).
