Commentary by attorney Krzysztof Brysiewicz for the Prawo.pl portal
9 July 2025 • Autor: Kancelaria Brysiewicz Bokina i Wspólnicy
The Prawo.pl portal published an article by editor Robert Horbaczewski, who writes about the decision of the WSA in Wrocław. The court held that ‘the activity of the PFR in adjudicating subsidy applications is a public administration activity and as such should be subject to the control of administrative courts’. The dispute over whether an administrative court or an ordinary court has jurisdiction to hear the determinations has been ongoing for several months.
Legal counsel, Krzysztof Brysiewicz, managing partner of the firm, commented on the article.
The court did not look at the fact that the award procedure was based entirely on a contract signed by the beneficiary with PFR even before the application for subsidy was submitted. In my view, these cases belong entirely to the civil road, precisely because there is no separation of the stage of granting support from the signing of the contract. Meanwhile, the necessity to examine whether a given entity acts in a sovereign form when granting public funds was pointed out by the Supreme Administrative Court as early as in the resolutions of seven judges of 2006. (II GPS 1/06) and 2007. (II GPS 3/06) - points out mec. Krzysztof Brysiewicz.
You can read the entire article HERE
We would also like to draw your attention to the post by r.pr. Krzysztof Brysiewicz ‘Subsidies in the Financial Shield and the KPA’, which can be found on the blog EU Funds as seen by a lawyer. Among other things, Mr Brysiewicz explains why the appeal procedure in the Financial Shield is not an administrative procedure.
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