Abstract

The article concerns an issue which is of significance for the assessment whether in administrative court proceedings documents have been served correctly and effectively when delivered to a person other than the addressee: an adult household member. The wording of the regulation applicable in this respect - Art. 72 § 1 of the Administrative Court Procedure Act of 30.8.2002 is unfortunately ambiguous, which may give riser to a state of legal uncertainty in people participating in administrative court proceedings. The article provides a summary of applicable provisions in civil, administrative, administrative court and tax proceedings, and also outlines views expressed by representative of the doctrine and found in the case law. The analysis takes into special account the guarantee function of service. In conclusion, the author stresses the need for considering a change to be introduced to the wording of Art. 72 § 1 of the Administrative Court Procedure Act and – more broadly – an in-depth analysis of the service of process in the Polish legal system. The article takes account of current legislative work concerning, among other things, the wording of Art. 72 § 1 of the Administrative Court Procedure Act.