Mail unannounced Poland can control whether companies are registered TVs or radios – held on Tuesday, the Supreme Administrative Court. He added that these checks do not apply to the Act on freedom of economic activity.
case involved one of the hotels in Krakow. In 2010, the Polish Post Office inspectors found that the hotel there are 22 unregistered TVs, which have not paid a subscription radio and television.
inspectors personally verified rooms, because at that time it occupied hotel guests. They relied solely on information from the female managers at who was not employed in it, and it only took place in practice. A woman has 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 told the hotel register and pay TV 11 thousand. z? for the use of previously unregistered receivers.
The owner appealed to the Minister of Infrastructure. He argued that the auditors could not determine exactly either the number or the technical state television, because I made a direct inspection. They could also be based solely on the testimony women, because it was only a trainee and was not authorized to make any statements. A man also stated that the control law violated 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 TV, located on the hotel’s website. Besides man, although he was not present at the controls, was then informed of initiation, and its course has not provided any evidence that would confirm his arguments – he added.
Minister also said that the man did not have to be notified of the initiation of control, because the control of receivers registration is carried out on the basis of the Law on fees, rather than the Trade Act. 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. WSA concluded that the provisions of the Act on freedom of economic activity apply to the registration control televisions and because the hotel owner should have been informed of the intention to carry out at least seven days before the inspection.
Minister filed a cassation appeal to the Supreme Administrative Court disagreed with the statement WSA, the Polish Post shall give notice of its intention to control. 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 not apply to it by the Act on freedom of economic activity. It does not matter if the TV is used for the personal use by an individual, or as part of the business, because it is the duty of controlled possession, use and registration – NSA said, stressing that this is independent of where the TV is located.
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, has clearly indicated to control which the provisions of this law on inspections and registration control receivers have not been taken into account – the court said.
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