Glosa do wyroku Naczelnego Sądu Administracyjnego z 7 kwietnia 2022 r., sygn. akt III OSK 4374/21

Abstract

In the commented judgment, the Supreme Administrative Court (hereinafter: the Supreme Administrative Court) made a significant confirmation of the effectiveness of sending applications by electronic means (ordinary e-mail) to entities obliged under the provisions of the Act on Access to Public Information, even when such an application (e-mail) does not go directly to the mailbox address or to the e-mail address of a specific person indicated as competent to accept them on behalf of the obligated party, but to spam, or other various defined folders in the IT system used by the obligated party. The author emphasizes the legitimacy of not only the ruling of the Supreme Administrative Court, but also its substantive justification.