Ministry of the Environment’s decision repealed thanks to the arguments of advocate Dawid Mielcarski
On 28 January 2020, the Province Administrative Court in Warsaw (WSA) repealed the decision of the Ministry of the Environment concerning the declaration of expiry of a hazardous waste processing and waste generation permit. When repealing the decision of the Ministry of the Environment and accepting the arguments offered in the complaint, the WSA emphasised that in the case of administrative decisions revoking or restricting authorisations it was necessary to indicate a concrete date of such revocation or restriction of authorisation. In addition, such a precise date should be determined in the course of proceedings conducted by a public authority and could not be assumed.
Earlier, in the same case, WSA granted a motion for an order to suspend the performance of the contested decision of the Minister of the Environment. This, in turn, allowed the Client of Andersen to continue their activity in the scope of waste processing while awaiting the determination of the date of the trial. The order suspending the performance of the decision allowed the Company to avoid losses which would have resulted from the lack of possibility to conduct an important part of its activity.
The Client of Andersen was advised by advocate Dawid Mielcarski.