The Provincial Administrative Court in Warsaw repealed the decision of the National Broadcasting Council (KRRiT) of June last year, which granted concessions for broadcasting to the tv Republika channels and in Poland24 on the MUX-8 multiplex. The conviction was passed on 9 April 2025, but is not yet final.
The parties shall have 30 days to lodge a cassation complaint with the ultimate Administrative Court (NSA), which shall be counted from the minute the judgement is served.
Reasons for the judgment
According to the typical of the WSA Judicial Information Department in Warsaw, Dominik Niewirowski, the court not only annulled the decision of the KRRiT, but besides ruled from its president to the applicant’s organization a refund of PLN 10,480.
The case went to court after a complaint lodged by the MWE Networks Group. The company contested the appropriateness of refusing to grant its concession and accused the KRRiT of violating the law, deficiency of transparency and inadequate assessment of the applications submitted.
Court: "The decision was made in violation of the law"
In the justification for the judgment, justice Barbara Kołodziejczak-Osetek pointed out that the president of the KRRiT had committed crucial deficiencies. In the judgement of the court, it is not adequate to trust on lists of support or donations from viewers. It is essential to give detailed reasons for each decision and equal treatment of all notifications.
In addition, the court criticised the fact that the minutes of the KRRiT gathering were drawn up and approved with a fewer months delay, while it should be available within 14 days.
What happens to the concessions?
Legal advisor Wojciech Szymczak from MEDIA underlines that the future of tv Republic and in Poland24 on MUX-8 depends now on the decision of the NSA. If the KRRiT fails to file a complaint or the cassation court upholds the conviction of the WSA, the full concession procedure will should be repeated.
He besides pointed out that in the event of a complaint, a final decision could not be expected for more than a year – or possibly even 2 years.
Controversy around KRRiT's decision
On June 21, 2024, KRRiT announced that the fresh concessions for MUX-8 would receive 2 channels: tv Republic and in Poland24. another entities, including the MWE Networks Group and the Hungarian broadcaster TV2 Média, did not get approval.
Officially, the decision was intended to concern programmes of a specialised nature, intended to scope a wide scope of recipients. The concession contracts were signed on July 2, 2024.
The MWE Networks Group contested these decisions, pointing to the deficiency of justification for the decision, procedural irregularities and the fact that the minutes of the gathering were not made available to them in due time.