Judgment of the Supreme Administrative Court of 24 September 2013, II OSK 999/12

In the judgment commented upon, the Supreme Administrative Court assumes that there are no grounds to issue, in administrative proceedings, a ruling on recreating the document confirming title to land; such a decision cannot in particular be based on Art. 288 and 297 of the Act - Law on Proceedings Before Administrative Courts, applied by analogy. Issue of a document of title to land confirming acquisition f title to land pursuant to the Enfranchisement Act can be proven using any kind of evidence in any proceedings before a general court. The standpoint is wrong. A person referring to the fact that his/her predecessor acquired title to immovable property pursuant to the Enfranchisement Act in the period when deciding about such matters was within the powers of public administration authorities cannot prove this fact in any other way that by an administrative decision. Provisions on the civil procedure of recreating case files should apply, by analogy, to recreating the files of administrative proceedings.