The Provincial Administrative Court in Warsaw decided that TVP in liquidation cannot appeal against the resolution of the National Broadcasting Council postponing the payment of license fee money. However, public media authorities may sue the National Broadcasting Council for the body's inaction, the court said.
What did the Provincial Administrative Court in Warsaw say?
Rejecting the complaint, Provincial Administrative Court judge Dorota Dziedzic-Chojnacka came to the conclusion that the National Broadcasting Council does not have to issue an administrative decision on the method of advance payment of money for the implementation of a public mission, so TVP in liquidation has nothing to appeal against.
At the same time, however – the court emphasized – the company is not defenseless because it may, in a different manner, file a complaint with the Provincial Administrative Court against the inaction of the National Broadcasting Council, which does not transfer the funds. The National Broadcasting Council did not inform about this part of the justification, stating only that the Provincial Administrative Court confirmed the Council's position that the method of disbursing funds for the implementation of a public mission through a court deposit is an activity against which a complaint cannot be brought to the administrative court.
What did the National Broadcasting Council say?
On Wednesday, the National Broadcasting Council announced on its website: “The Provincial Administrative Court in Warsaw rejected the complaint against the resolution of the National Broadcasting Council No. 40/2024.” Pursuant to this resolution, the National Broadcasting Council postponed the schedule for disbursing funds for the implementation of the public mission.
“The Provincial Administrative Court confirmed the position of the National Council that the method of disbursing funds for the implementation of a public mission via a court deposit is only a so-called material and technical activity, which cannot be subject to a complaint to the administrative court,” we read further.
The Provincial Administrative Court's decision was made on Wednesday at a closed session, Judge Małgorzata Jarecka, spokeswoman for the Provincial Administrative Court in Warsaw, told PAP. The complaint was filed by TVP in liquidation (one of three complaints against the decision of the National Broadcasting Council regarding the transfer of license fee funds to the television).
What did the liquidator of Telewizja Polska say?
“We will be able to comment on the matter in more detail once we receive the decision and its justification,” Daniel Gorgosz, liquidator of Telewizja Polska SA, told PAP. “If the complaint was indeed rejected and it was found that the resolution of the National Broadcasting Council is not an act subject to appeal, then, firstly, it is not a final decision, and secondly, and more importantly, it is not a substantive decision on the legality of the National Broadcasting Council's actions,” he added.
“I would like to remind you that the District Court for Warsaw Mokotów has already issued two decisions refusing to accept subscription funds for deposit, which is an indication of the completely illegal actions of the chairman of the National Broadcasting Council. We also expect that the legality of these actions in terms of criminal liability will be assessed by the prosecutor's office,” Gorgosz emphasized.
The Provincial Administrative Court's decision issued on Wednesday is invalid. You can appeal against it by submitting a cassation appeal to the Supreme Administrative Court.
