The Supreme Court has ruled that a judicial action cannot be rejected due to a lack of exhaustion of the previous administrative procedure when the contested act consisted of a presumed resolution by the Administration (Supreme Court Judgment nº. 280/2023, of March 7, 2023).
Through the Judgment dated March 7, 2023 (appeal 3069/2021), the Supreme Court (TS) has resolved a cassation appeal regarding the admissibility of a contentious-administrative recourse, even when the previous administrative procedure have not been exhausted, when the contested act consists of a presumed resolution by the Administration, and, therefore, the citizen did not have the…