Were Belarus tractors imported from outside the European Union registered illegally? Such a case is considered in the province. West Pomeranian Voivodeship. There is a court verdict.
The issue of importing and placing Belarus tractors on the Polish market has long been controversial. After several court cases in the last two years, there have been even more doubts, fears… and even threats on Internet groups that the owners of cheap MTZs purchased in the last few years may be in trouble. Is it really? We looked at a recent case involving a challenge to one registration decision.
Gross violation of the law? The contested decision of the Supreme Court.
The case considered by the Provincial Administrative Court in Szczecin is complicated. It concerns the registration of a Belarus tractor sold by a specific entity in Wałcz and registered on April 1, 2019 by the communication department, i.e. by decision of the starosta.
And here (4 years after the sale) problems began, because the district prosecutor (who took action for reasons unknown to us) filed an objection to the decision of the first instance body (i.e. the starosty) to the Local Government Appeals College (SKO), arguing that the decision had been made with a “gross violation of the law”. In the case of the starosty, the SKO is a higher authority.
On April 11, 2023, the prosecutor filed an objection to the Supreme Court against the final decision of the first instance body. According to him, the decision violated Art. 72 section 1 point 3 of the Road Traffic Law (PRD), “consisting in issuing a decision without collecting all necessary documents, including the lack of an EC certificate of conformity or a certificate of conformity together with a statement containing data and information about the vehicle necessary for registration and records of the vehicle (…) “.
