Abstract

The article addresses the issue of practical application of art. 199¹ KPC, according to which the court may not reject an action with a view to the competence of an authority or administrative court if that authority or court have previously found themselves incompetent in that case. That issue has been discussed in the context of a dispute resolved by the Supreme Court concerning a right course of asserting claims for reimbursement of the costs of treatment abroad based on the provisions of Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare (OJ L Nr 88 of 4.4.2011, p. 45, as amended). The author approves of the Supreme Court’s view that as a matter of principle the administrative procedure is appropriate in that situation, though given the circumstances of the case – by virtue of art. 199¹ of the Code of Civil Procedure – the dispute should be ultimately resolved by a common court.