When examining a cassation appeal, the Supreme Administrative Court also repeals the judgment in the uncontested part if the proceedings are invalid. If the Supreme Administrative Court upholds a cassation appeal and repeals the contested judgment, it examines the complaint if it considers that the essence of the case has been sufficiently clarified. If the complaint was rejected or there were grounds for discontinuing the proceedings before the voivodeship administrative court, the Supreme Administrative Court shall, by order, annul the judgment issued in the case and reject the complaint or discontinue the proceedings.
The Supreme Administrative Court, at the request of a party, also recognizes those decisions of the provincial administrative court that were not subject to appeal by way of a complaint and had an impact on the resolution of the case.
The principle that the Supreme Administrative Court is bound by the limits of a cassation appeal applies both at the stage of considering the case (Article 183 § 1) and adjudicating (Article 186). As a basic element shaping the scope of review of the contested judgment by the appellate court, it means that the Supreme Administrative Court is bound by the complainant's request specifying the subject of the appeal (all or a specific part of the contested judgment).
Consequently, this Court cannot review the unchallenged part of the judgment of the provincial administrative court, because this would amount to ex officio action, which - except in cases of invalidity of the proceedings - is not permissible. The Supreme Administrative Court cannot, on its own initiative, undertake any research to determine other defects - apart from those presented in the cassation appeal - of the contested judgment of the provincial administrative court or the proceedings before that court and must focus its attention solely on verifying the allegations made by the complainant. The only difference is that the appellate court is bound by the complainant's request in its substantive part, as to the method of revoking the appealed judgment (I OSK 861/16).