The Minister of Justice must dismiss the receiver without examining the case
The current provisions of the Act on the licence of restructuring advisors make the withdrawal of the restructuring advisor license conditional upon the advisor being revoked twice by law, due to improper performance of his duties. The decision of the Supreme Administrative Court issued in case no. file: II GSK 3856/16 shows that if the provisions provide for the withdrawal of a license in the event of a two-off dismissal of the receiver due to improper performance of duties, the Minister of Justice must withdraw it.
The Supreme Administrative Court therefore agreed with the position of the Provincial Administrative Court in Warsaw issued in the first instance. The Voivodship Administrative Court in Warsaw indicated that the Minister of Justice is obliged to revoke the license, in the event of receiving a second notification from the Court about the valid dismissal from the receiver’s function, due to improper performance of his duties. At the same time, he does not have the power to examine the validity of the Court’s decision. The MoJ does not adjudicate about the guilt or innocence of the license holder, and it only determines whether the statutory conditions for withdrawal have taken place.