The Supreme Court will determine when the deadline for filing a lawsuit in cases regarding reimbursement of cadet training costs begins.

The Supreme Court should form a new legal position on determining the deadlines for applying to the court in cases related to public service. This is case No. 160/10867/25 on the recovery of funds for the maintenance of a cadet who was expelled from an educational institution.

The panel of judges of the Cassation Administrative Court within the Supreme Court referred the relevant case to the Judicial Chamber for consideration of cases related to the electoral process and referendum, as well as the protection of political rights of citizens.

What is the dispute?

The key issue is determining the moment from which the monthly period for applying to the administrative court begins.

The court should answer whether this period should be calculated from the date of the actual expulsion of the cadet from the educational institution, or only after the person refused to voluntarily reimburse the expenses after receiving an official demand.

Possible revision of judicial practice

Previously, judicial practice was based on the fact that a long delay by an educational institution in submitting a claim for compensation indicates passive behavior of the plaintiff and is not a basis for renewing the missed deadline for applying to the court.

At the same time, the panel of judges of the Cassation Administrative Court offers a different approach. According to the judges, the right to apply to the court can arise only after the completion of the mandatory pre-trial dispute settlement procedure provided for by special legislation.

Why this decision is important

The expected decision of the Supreme Court should form a unified approach to determining the beginning of the running of procedural deadlines in similar categories of cases.

The legal position of the Judicial Chamber will become a guideline for administrative courts and will help determine the balance between compliance with the mandatory pre-trial dispute settlement procedure and the principle of procedural good faith of the participants in the case.