on the admissibility of a petition for judicial review to ensure the uniformity of case law
- In accordance with Section 118 (1)(a)(aa) of the Act of 2017 on the Code of Administrative Litigation, in order to ensure the uniformity of case law, a petition for judicial review may, in general, be admitted if the legally binding judgment raises a legal issue of theoretical importance on which the Curia has not yet ruled, provided that there is no coherent case law on this legal issue of theoretical importance that requires legal interpretation or provided that there is a risk of repeating a court decision that deviates from case law, and thus, of undermining the uniform application of law.
- The Curia’s Adjudicating Panel No. K.VII. may deviate from the legal interpretation set out in Section 14 of the reasons of decisions No. Kfv.37.162/2023/2 and Kfv.37.172/2023/2, which were published in the Collection of Court Decisions; as a result, they may no longer be invoked as binding.