If the authorized administrative body, by the way of decision, can withdraw the registration of the gaming machine before it expires, it should be considered obvious and logical that the registration can not be reversed if it has already expired, for example due to the expiry of the period for which it was made. This was confirmed by the NSA (Supreme Administrative Court – ed.).
The Supreme Administrative Court ruled that the verdict of the Voivodship Administrative Court in Olsztyn of 29th of September 2016 (No. II SA / Ol 1081/16) does not correspond to the law and should be subject to annulment, in order to sufficiently clarify the substance and the issue in question. As a result, the NSA revoked the contested decision of the Director of the Customs Chamber and the previous decision of the first instance administration body, and consequently discontinued the administrative proceedings in the case.
Problematic expiration of registration
The issue of the gaming machine registration expiration prior to the issuance by the competent administrative authority of the final decision on the withdrawal of the gaming machine registration and the legal consequences of this event for the possibility and admissibility of the substantive decision of the final decision in the case.
The NSA reminded that the necessary condition for the admission of any gaming machine or device for exploitation and use on the territory of the Republic of Poland its registration is made at the request of the entity organizing the game, which is based on a positive result of a technical examination carried out by an authorized testing body. The registration of a slot machine or gaming device means that it is put into service and the attestation of registration accomplished by the authorized body for six years – subject to possible loss of validity before the end of this period in situations provided for by law – states the entity’s right to put into service and the use of a slot machine or gaming device (Article 23a par. 1-3 of the Gambling Act).
Importantly, the registration expires upon the expiration of the period for which it was carried out, as well as in the event of the withdrawal from the operation of a gaming machine or device (paragraphs 6 and 7 of Article 23a of the abovementioned Act). However, the authorized administrative body may, by way of decision, withdraw the registration before its expiration, if the registered gaming machine, random device or gaming device does not meet the conditions specified in the Act.