The Supreme Administrative Court ruled in late 2025 that registered television owners residing abroad must continue paying RTV subscription fees unless they have formally deregistered their devices in Poland.
The Legal Battle Over Unused Receivers
A woman who registered her radio and television receivers in 2001 stopped paying subscription fees after moving abroad in 2008. When Poczta Polska initiated debt collection proceedings years later, the case moved through the Provincial Administrative Court in Gliwice to the Supreme Administrative Court (NSA).
The applicant argued that she could not be charged for using devices she had no access to while living abroad. However, both the lower court and the NSA rejected this defense, maintaining that the obligation is tied to registration rather than actual usage.
Registration and the Presumption of Liability
The courts ruled that the duty to pay arises automatically from owning a registered, functional receiver, which creates a legal presumption of access. The NSA clarified that this is a public levy established by law upon registration, requiring no specific administrative decision to take effect.
Emigration Does Not Nullify Fees
Living abroad does not exempt an individual from payments, as it does not prove the receiver is broken or missing. The court emphasized that the technical capacity to receive a signal is the defining factor for the fee, and absence from the country does not override the formal registration status.
The Burden of Proof on the Owner
Citizens are responsible for keeping proof of deregistration for many years, as creditors are not limited by standard prescription periods for these claims. By dismissing the cassation appeal, the NSA upheld existing case law, confirming that formal documentation is the only valid defense against the state’s demand.
Recommendations for Departing Residents
To avoid potential liabilities, individuals moving abroad must formally deregister their television and radio equipment. Retaining official confirmation is critical, as the law focuses on the registered status of the hardware rather than the user’s actual residency or television habits.
