Court: Polish Post can not control the TV announcement in ... - Wyborcza.biz

case concerns one of Krakow hotels. In 2010, the Polish Post Office investigators found that there are 22 unregistered TVs, which have not paid the subscription TV. Inspectors did not check the rooms, because at that time it occupied the hotel guests. Relied solely on information from the female managers at which it was employed, and the practice took place there. Woman admitted that the rooms are efficient TVs, but refused to sign the inspection report because he has stated that he is not authorized to do so.

Chief Financial Center hotel of the Polish Post Office ordered the TV register and pay 11 thousand. z? for the use of unregistered consumers. The hotel owner appealed to the Minister of Infrastructure. He argued that the auditors were unable to determine exactly either the number or the technical state television, he did not make direct visual inspection.

They could not resist it – in his opinion – only on the testimony woman, because she was only a trainee and not was entitled to make any statements. The owner also stated that the audit violated the Act on freedom of economic activity, because it was not notified of the intention to carry it out.

owner of the hotel: just check the notice

Infrastructure Minister did not consider the appeal. He stressed that the information about how many rooms are equipped with televisions, is the hotel’s website, and the owner, even though he was not at the controls, was then informed about the initiation of the proceeding, and the course did not provide any evidence that would confirm his argument.

The Minister also stated that the owner does not have to be notified of its intention to control, because the control is carried out receivers registration under the Act on fees, rather than act on business. The provisions of the first did not say anything about the required notification controlled.

Krakow hotel owner appealed that decision to the Regional Administrative Court in Warsaw, which upheld the action. Administrative Court held that the provisions of the Act on Freedom of Economic Activity shall apply to registration control TVs, and therefore, the Polish Post shall inform the owner of the hotel with the intention to carry out at least seven days in advance.

NSA: The sense of losing control notification

So the Minister made an appeal before the Supreme Administrative Court, disagreeing with the statement WSA, the Polish Post Office should notify the control. Such notification would render it meaningless because everyone would have time to remove or hide the TV – on Tuesday, the court said.

Supreme Administrative Court upheld the minister and ordered the court of first instance re-hear the case. The court ruled that the registration control receiver is not controlled by business and do not have to use the provisions of the Act on Freedom of Economic Activity. It does not matter if the TV is used in part for personal use by an individual, or as part of the business, he has a duty to report controlled possession, use and registration of the receiver – said the NSA. I pointed out that this is independent of where the TV is.