Refusal to amend the decision on a concession

Refusal to amend the decision on a concession

The trade licensing office will refuse to amend the decision to grant a concession if:

  • Any of the general or specific conditions for carrying on a trade has not been met
  • The entrepreneur is subject to an impediment to carrying on a trade
  • The state administration authority competent under Annex 3 to the Trade Licensing Act does not agree to the amendment to the concession

The application for an amendment to the decision to grant a concession is rejected by a decision in which the trade licensing office will state, among other things, the following:

  • The identification of the submission of the notification of changes to which the decision relates
  • The identification information of the entrepreneur
  • Basic information about the trade to which the decision relates
  • The reason for refusal to amend the decision to grant a concession

The decision of a municipal trade licensing office to refuse to amend the decision to grant a concession may be appealed within 15 days from the date of its notification to the entrepreneur and other parties to the proceedings. The appeal is to be lodged with the municipal trade licensing office that issued the decision being appealed. The municipal trade licensing office will assess the appeal and, if it does not grant the appeal, it will pass it on to the superior regional trade licensing office for further proceedings. The further course of the proceedings then depends on whether the defects in the notification of a change have been rectified during the appeal proceedings.

Discontinuance of proceedings in respect of an amendment to the decision on a concession

The trade licensing office will discontinue the proceedings in respect of an amendment to the decision to grant a concession if:

  • The applicant withdrew their application
  • The applicant failed to rectify the defects in their application within the time limit specified, and the defects prevent the proceedings from continuing
  • The applicant failed to pay the administrative fee within the time limit specified
  • Proceedings in respect of an application of the same applicant in the same matter have already been opened with another administrative authority
  • The applicant has died or been dissolved and its legal successors are not continuing the proceedings
  • For other reasons provided by law

The decision to discontinue the proceedings is made by the trade licensing office through a resolution, in which it will state, among other things, the following:

  • The identification of the submission of the notification of changes on basis of which the proceedings were opened
  • The identification information of the entrepreneur
  • Basic information on the content of the changes notified
  • The reason for discontinuance of proceedings

The resolution of a municipal trade licensing office to discontinue the proceedings may be appealed within 15 days from the date of its notification to the entrepreneurs and other parties to the proceedings. The appeal is to be lodged with the municipal trade licensing office that issued the resolution being appealed. The municipal trade licensing office will assess the appeal and, if it does not grant the appeal, it will pass it on to the superior regional trade licensing office for further proceedings. The further course of the proceedings then depends on whether the defects in the notification of a change have been rectified during the appeal proceedings.