Note: translated from Polish
In the latest case law of the Supreme Administrative Court, the decision of 12 August 2025 (ref. I OZ 490/25), in which the Court referred to the practical consequences of the failure to formally demonstrate the legal succession of the deceased party in suspended administrative court proceedings. This ruling is an important voice in the ongoing discussion on the impact of inheritance regulation on the constitutional right to a fair trial.
In the case which is the subject of the complaint, the court of first instance (Provincial Administrative Court in Warsaw) discontinued the proceedings due to the five-year suspension period resulting from the death of one of the applicants. Pursuant to Article 130 § 1 item 3 of the Law on Civil Procedure, the court is obliged to discontinue the proceedings if, five years after the suspension, the relevant document confirming the legal succession (a decision confirming the acquisition of the inheritance or a notarial deed certifying the succession) has not been submitted. The 5-year period provided for in Article 130 of the Code of Civil Procedure for the selection of the heirs of the deceased party under pain of discontinuance of proceedings suspended on the grounds of death, also known in civil procedure (vide Article 182 of the Code of Civil Procedure), appears to be sufficient to effectively confirm the rights to the inheritance before the court or through a notary.
The SAC shared the view that in order to formally demonstrate the legal succession, one of the above-mentioned documents must be submitted. A general indication of the circle of heirs is not sufficient. Thus, the established line of case law in this respect was upheld.
This decision reminds us of the importance of formal regulation of inheritance matters
in the context of pending administrative or administrative court proceedings. Although the inheritance is acquired by operation of law at the time of its opening, the lack of formal confirmation of this circumstance – in the form of a court ruling or a notarial deed – makes it impossible to effectively resume the suspended proceedings.
At the same time, the SAC once again draws attention to the constitutional limits of procedural formalism. It was recalled that the purpose of administrative court proceedings is to ensure real control over the activities of public administration, and not to eliminate
from this control entities which, for reasons beyond their control, were unable to demonstrate formal legal succession.
From the perspective of the law firm’s practice, it is advisable to immediately settle inheritance issues, especially in cases where administrative or administrative court proceedings with the participation of the testator are pending or may be pending. This action allows you to avoid both the prolongation of the proceedings and the risk of their discontinuation for formal reasons.