Abstract

The Supreme Administrative Court stated that the 7-day time limit for submitting a complaint to an administrative court against a decision to initiate compulsory restructuring of a domestic entity laid down in Art. 103(5) of the Bank Guarantee Fund Act applies to the supervisory board of the entity under restructuring, as well as to anyone whose legal interest has been violated by such decision. However, the arguments raised by the Supreme Administrative Court in support of this view are not very convincing and one should rather agree with the position of the court of first instance according to which it is general rules that apply with regard to the deadline for submitting a complaint to an administrative court, which applies to entities other than the supervisory board of an entity subject to compulsory restructuring, pursuant to which the time limit for filing a complaint should be 30 days. In the commented judgment, the Supreme Administrative Court also presented its view as regards the date from which the time limit for lodging complaints against decisions on the application of compulsory restructuring by entities other than supervisory boards of the entities subject to restructuring runs. The Supreme Administrative Court correctly ruled that this time limit should be counted from the moment the Bank Guarantee Fund has published on its website the decision to initiate compulsory restructuring or the information about the reasons and consequences of such decision.