Polish Post unannounced control whether companies have recorded television or radio receivers – held on Tuesday, the Supreme Administrative Court. He added that these checks do not apply the Act on Freedom of Economic Activity.
case involved one of Krakow hotels. In 2010, the Polish Post Office investigators found that the hotel are 22 unregistered TVs, which have not paid for a subscription radio and television.
controllers personally check rooms, because at that time it occupied hotel guests. Relied solely on information from at female managers who were not employed in it, and it only took place in practice. Woman admitted that the rooms are equipped with efficient TVs, but refused to sign the inspection report because he has stated that he is not authorized to do so.
The auditDirector of Financial Services Centre of the Polish Post ordered the hotel as TVs register and pay 11 thousand. z? for the use of previously unregistered receivers.
owner of the hotel 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 also explanations based solely on women, because it was only a trainee and was not entitled to make any statements. The man also said that the control of the law infringed on the freedom of economic activity, because it was not notified of the intention to carry it out.
Minister did not consider the appeal. He stressed that the information about how many rooms are equipped with televisions, located on the hotel’s website. Besides man, though he was not present at the controls, was then informed of the initiation of the proceeding, and the course did not provide any evidence that would confirm his arguments – he added.
Minister also stated that the man did not need 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.
owner appealed that decision to the Regional Administrative Court in Warsaw, and the court 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 owner of the hotel should have been informed of the intention to carry out at least seven days before the inspection.
Minister filed a cassation complaint to the Supreme Administrative Court, disagreeing with the statement WSA that Poland should notify the Post Office of its intention to carry out the inspection. Such notification would deprive sense of control, because everyone would have time to remove or hide the TV – he said.
NSA on Tuesday upheld the complaint and ordered the minister to the court of first instance re-hear the case ( ref. II GSK 92/12 ). 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, because it is controlled to hold, use, and registration – NSA said, stressing that this is independent of where the TV is.
NSA explained that this interpretation of results, among others the amendment of the Act on Freedom of Economic Activity. The amendment, which came into force in 2009 clearly indicated that the control which the provisions of this Act checks and registration control receivers have not been taken into account – the court said.
No part or whole songs contained in the log can not be reproduced or further distributed, in any form or by any means (including electronic, mechanical or otherwise, or for all fields of use) including copying, the broader digitization, photocopying or copying, including posting on the Internet – without the express written consent of GREMI MEDIA Sp. of o.o. Any use or the use of songs in whole or in part without permission GREMI MEDIA Sp. of o.o. or in violation of the rights of authors is prohibited under penalty, and may be prosecuted.
No comments:
Post a Comment