{"id":82867,"date":"2026-02-06T15:22:40","date_gmt":"2026-02-06T14:22:40","guid":{"rendered":"https:\/\/www.nssud.sk\/?p=82867"},"modified":"2026-04-01T15:30:16","modified_gmt":"2026-04-01T13:30:16","slug":"legal-principles-of-decisions-stated-by-the-court-approved-by-the-plenary-of-the-supreme-administrative-court-of-the-slovak-republic-at-the-session-on-january-27-2026","status":"publish","type":"post","link":"https:\/\/www.nssud.sk\/en\/legal-principles-of-decisions-stated-by-the-court-approved-by-the-plenary-of-the-supreme-administrative-court-of-the-slovak-republic-at-the-session-on-january-27-2026\/","title":{"rendered":"Legal principles of decisions stated by the Court, approved by the Plenary of the Supreme Administrative Court of the Slovak Republic at the session on January 27, 2026"},"content":{"rendered":"

The Supreme Administrative Court publishes the legal principles of case law approved for publication in the Collection of Opinions and Decisions of the Supreme Administrative Court of the Slovak Republic at the plenary session on January 27, 2026.<\/strong><\/p>\n

    \n
  1. keywords: operation of vehicles in road traffic; documents on the performance of a technical inspection of a vehicle; inspection of vehicles not registered in the Slovak Republic; block proceedings; ascertainment of the facts in block proceedings<\/li>\n<\/ol>\n

    The term “equivalent document on the performance of a technical inspection” within the meaning of Section 111, paragraph of Act No. 106\/2018 on the operation of vehicles in road traffic, by which the driver of a vehicle registered in another EU Member State proves to the inspection authorities that the vehicle has undergone a technical inspection, must be interpreted in accordance with Article 10(1) and (3) of Directive No. 2014\/45\/EU on periodic roadworthiness tests for motor vehicles and their trailers. Such a document should be considered evidence such as a record in the vehicle registration document, a sticker, a protocol or any other easily accessible information issued by the relevant technical station or authority of another Member State, which contains the date by which the next technical inspection is due. If the driver of such a vehicle presents such evidence, he is not obliged to present a document to the inspection authorities supervising the safety and smoothness of road traffic pursuant to Section 111, paragraph 2 of the cited Act.<\/strong><\/p>\n

    [judgment of the Supreme Administrative Court of the Slovak Republic, Case No. 1 Stk 22\/2022 of 28 March 2022: President of the Panel JUDr. Jana Hatalov\u00e1, PhD., LL.M., members of the Panel JUDr. Katar\u00edna Cang\u00e1rov\u00e1, PhD., LL.M. (Judge-rapporteur) and JUDr. Mari\u00e1n Fe\u010d\u00edk]<\/p>\n

      \n
    1. keywords: consumer protection; complaint handling; proof of complaint handling<\/li>\n<\/ol>\n

      The seller may prove that he has fulfilled the obligation under Section 18, paragraph 4 of Act No. 250\/2007 on Consumer Protection to handle a complaint within 30 days of its submission, not only by submitting a filing receipt stating that he has submitted the written documentation to the post office within this period, but also by proving this submission by other means of evidence (e.g. post office records, a copy of the complaint records, a copy of an extract from the book of sent mail).<\/strong><\/p>\n

      [judgment of the Supreme Administrative Court of the Slovak Republic, Case No. 2 Stk 2\/2024 of 24 September 2024: President of the Panel JUDr. Elena Berthotyov\u00e1, PhD. (Judge-rapporteur), members of the Panel JUDr. Mari\u00e1n Tren\u010dan and Prof. JUDr. Juraj Va\u010dok, PhD.]<\/p>\n

        \n
      1. keywords: illegal employment; late registration of an employee in the register of insured persons<\/li>\n<\/ol>\n

        If the defendant administrative authority objects that the late registration of an employee in the register of insured persons and the violation of the prohibition of illegal employment (in relation to the same employee) are not identical acts, it should be emphasized that although the violation of the employer’s obligation to register a new employee in the register of insured persons also carries with it a consequence in the form of fulfilling the objective side of the administrative offense of the prohibition of illegal employment, the content of the proceedings leading to this consequence is important, and in both cases this is invariably an omission – failure to register the employee in the register of insured persons (alternatively, his late registration).<\/strong><\/p>\n

        [judgment of the Supreme Administrative Court of the Slovak Republic, Case No. 2 Stk 6\/2023 of 26 November 2024: President of the Panel JUDr. Mari\u00e1n Tren\u010dan (Judge-rapporteur), members of the Panel JUDr. Elena Berthotyov\u00e1, PhD. and Prof. JUDr. Juraj Va\u010dok, PhD.]<\/p>\n

          \n
        1. keywords: administrative punishment; sanction moderation<\/li>\n<\/ol>\n

          A judgment in which the administrative court applied sanction moderation pursuant to Section 198 of the Code of Administrative Procedure and in fact thereby entered into the administrative consideration of a public administration body must contain proper and, in particular, convincing reasoning as to what constitutes the \u201cdisproportionateness\u201d or \u201cliquidative nature\u201d of the sanction, which are the statutory limits of sanction moderation.<\/strong><\/p>\n

          [judgment of the Supreme Administrative Court of the Slovak Republic, Case No. 4 Shk 1\/2021 of 31 January 2024: President of the Panel JUDr. Petra Pr\u00edbelsk\u00e1, PhD., members of the Panel JUDr. Michal Dzurdz\u00edk, PhD. and Prof. JUDr. PhDr. Peter Pot\u00e1sch, PhD. (Judge-rapporteur)]<\/p>\n

            \n
          1. keywords: Freedom of Information Act; information on personal data related to the exercise of public authority; subject to public interest in their disclosure<\/li>\n<\/ol>\n

            It is not excluded that the request for disclosure of information may also include other personal data (such as data referred to in Section 9, paragraph 3, letters a) to g) of the Freedom of Information Act) or data on persons other than persons referred to in Section 9, paragraph 3 of the Freedom of Information Act, but only on the condition that their direct connection with the exercise of public authority is given and an overriding public interest in their disclosure is identified.<\/strong><\/p>\n

            [judgment of the Supreme Administrative Court of the Slovak Republic, Case No. 3 Svk 13\/2024 of 18 December 2024: President of the Panel JUDr. Zuzana \u0160abov\u00e1, PhD. (Judge-rapporteur), members of the Panel: JUDr. Katar\u00edna Benczov\u00e1 and JUDr. Michal Dzurdz\u00edk, PhD]<\/p>\n

              \n
            1. keywords: protection of classified information; security risk<\/li>\n<\/ol>\n

              The provision of Section 14, paragraph 2, letter c) point 10 of Act No. 215\/2004, specifically the wording \u201caccepts unauthorized payments, gifts or other benefits\u2026\u201d cannot be interpreted literally and grammatically in such a way that it would have to be an ongoing, unfinished event at the time of the defendant\u2019s decision. This condition is met if it is sufficiently established and substantiated that the proposed person has committed such an act and the conclusion that he will not commit it again is not excluded.<\/strong><\/p>\n

              [judgment of the Supreme Administrative Court of the Slovak Republic, Case No. 11 Snr 1\/2022 of 27 February 2024: President of the Panel JUDr. Jana Hatalov\u00e1, PhD., LL.M., members of the Panel JUDr. Zdenka Reisenauerov\u00e1, JUDr. Pavol Na\u010f, Mgr. Michal Novotn\u00fd and JUDr. Zuzana \u0160abov\u00e1, PhD. (Judge-rapporteur)]<\/p>\n

                \n
              1. keywords: permit to establish a technical inspection station<\/li>\n<\/ol>\n

                To conclude on the correctness of such an interpretation of Section 83, paragraph 9 of Act No. 106\/2018, that the granting of a permit to establish a technical inspection station in a certain district is prevented by the fact that the applicant has previously requested the cancellation of a permit in another district, it would be necessary to certify that the requirement not to grant any further permit is necessary in the interest of ensuring the safety and protection of consumers, the environment, public health and the quality of roads and is proportionate to the objective pursued.<\/strong><\/p>\n

                [judgment of the Supreme Administrative Court of the Slovak Republic, Case No. 3 Svk 54\/2022 of 22 August 2024: President of the Panel JUDr. Zuzana \u0160abov\u00e1, PhD. (Judge-rapporteur), members of the Panel JUDr. Katar\u00edna Benczov\u00e1 and JUDr. Michal Dzurdz\u00edk, PhD.]<\/p>\n

                  \n
                1. keywords: road transport; official measurement of vehicle weight<\/li>\n<\/ol>\n

                  The document on official measurement has the character of a public document within the meaning of Section 28, paragraph 3 of Act No. 157\/2018 on metrology and on amendments and supplements to certain acts, as amended, only with regard to data on the performance and result of official measurement (Section 28, paragraphs 1, 3 and 4 of this Act). Even if it contains (possible) additional data on the carrier performing transport by the vehicle to which the official measurement relates, in this part this document does not have the character of a public document.<\/strong><\/p>\n

                  [judgment of the Supreme Administrative Court of the Slovak Republic, Case No. 3 Svk 69\/2022 of 27 February 2024: President of the Panel Mgr. Krist\u00edna Babiakov\u00e1 (Judge-rapporteur), members of the Panel JUDr. Anita Filov\u00e1 and JUDr. Rastislav Dlugo\u0161, PhD.]<\/p>\n

                    \n
                  1. keywords: detention of a foreigner<\/li>\n<\/ol>\n

                    When determining the period of detention pursuant to Section 88a, paragraph 2 of the Act on the Residence of Foreigners, the statutory time limits within which the competent administrative authority is obliged to decide on an application for asylum (Section 20 of the Act on Asylum) must also be considered.<\/strong><\/p>\n

                    [judgment of the Supreme Administrative Court of the Slovak Republic, Case No. 2 Szak 1\/2024 of 20 March 2024: President of the Panel, Prof. JUDr. Juraj Va\u010dok, PhD. (Judge-rapporteur), members of the Panel, JUDr. Elena Berthotyov\u00e1, PhD., JUDr. Mari\u00e1n Tren\u010dan]<\/p>\n

                     <\/p>\n","protected":false},"excerpt":{"rendered":"

                    The Supreme Administrative Court publishes the legal principles of case law approved for publication in the Collection of Opinions and Decisions of the Supreme Administrative Court of the Slovak Republic at the plenary session on January 27, 2026. keywords: operation of vehicles in road traffic; documents on the performance of a technical inspection of a […]<\/p>\n","protected":false},"author":103,"featured_media":33694,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[91],"tags":[],"class_list":["post-82867","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news-and-press-releases"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/www.nssud.sk\/en\/wp-json\/wp\/v2\/posts\/82867","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.nssud.sk\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.nssud.sk\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.nssud.sk\/en\/wp-json\/wp\/v2\/users\/103"}],"replies":[{"embeddable":true,"href":"https:\/\/www.nssud.sk\/en\/wp-json\/wp\/v2\/comments?post=82867"}],"version-history":[{"count":2,"href":"https:\/\/www.nssud.sk\/en\/wp-json\/wp\/v2\/posts\/82867\/revisions"}],"predecessor-version":[{"id":82885,"href":"https:\/\/www.nssud.sk\/en\/wp-json\/wp\/v2\/posts\/82867\/revisions\/82885"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.nssud.sk\/en\/wp-json\/wp\/v2\/media\/33694"}],"wp:attachment":[{"href":"https:\/\/www.nssud.sk\/en\/wp-json\/wp\/v2\/media?parent=82867"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.nssud.sk\/en\/wp-json\/wp\/v2\/categories?post=82867"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.nssud.sk\/en\/wp-json\/wp\/v2\/tags?post=82867"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}