Supreme Administrative Court (NSA) dismissed on March 25, 2026 the complaint of Fidelis Partners Sp. z o. o. to the decision of the Provincial Administrative Court in Warsaw (WSA) of December 19, 2025. The case concerned an application to impose a fine on the Polish Financial Supervision Authority in connection with an entry on List of public warnings from the Polish Financial Supervision Authority.
No violation of the deadline by the Polish Financial Supervision Authority
NSA shared the position of the court of first instance, pointing out that the only condition for imposing a fine pursuant to Art. 55 § 1 ppsa is the very fact of failure to submit the complaint together with the case files to the administrative court on time. At the same time, he emphasized that the mere finding of a delay does not automatically mean the need to punish the authority, because this sanction is optional.
During the proceedings KNF explained that the publication of information on “List of public warnings of the Polish Financial Supervision Authority” is not preceded by jurisdictional (administrative or explanatory) or control proceedings that would result in the creation of case files within the meaning of Article 54 § 2 of the Civil Code. As a consequence, the authority only submitted the complaint and its response to the court.
NSA: fine only in special cases
NSA he emphasized that imposing a fine on an administrative body requires each time an analysis of the causes of a possible failure to comply with procedural obligations. This penalty is not obligatory and should be used only in justified cases. “Imposing a fine is optional. Therefore, punishing the authority must be preceded by a proper examination of the circumstances of the case and, above all, the causes of failure to comply with the obligation established in Article 54 § 2 of the Civil Code,” it said. The judgment of the Supreme Administrative Court is final.
