April 2017

KSP has managed to have decisions of first and second instance authorities cancelled by the Province Administrative Court (WSA). The decisions imposed a fine for munipal waste collection without an entry in the register of regulated business activity.

KSP represented an entrepreneur operating the business of municipal waste collection and management. Pursuant to the current legislation, in particular the Act of 13 September 1996 on Maintaining Cleanliness and Order in Municipalities, the business of municipal waste collection is a regulated activity and it requires an entry in the register of regulated activity maintained by the head of a municipality. In this case, the head of the municipality held that the Company operated the municipal waste collection business without the required entry in the register of regulated activity, and imposed a fine of over PLN 100 thousand thereon. The Local Appeals Board (Samorządowe Kolegium Odwoławcze) maintained the decision in force. Acting on behalf of the Company, KSP filed a complaint with the Province Administrative Court (WSA) presenting some elaborated arguments against the decision of the first and second instance authorities. Having examined the subject matter, the WSA considered the complaint reasonable, and cancelled both of the aforesaid decisions.