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ข้อมูลกฎหมาย/กฎ คำพิพากษา คำสั่งของศาลปกครองสูงสุดในรูปแบบดิจิทัล
The Reviewability of an Expired License Suspension Order
The Reviewability of an Expired License Suspension Order

The Plaintiff obtained a license to operate sound broadcasting business and television business, “DMC radio and television station.” Its license was suspended for 30 days by the Defendant No.2 due to the violation of the Broadcasting and Television Businesses Act, B.E. 2551 (2008). Before the period of license suspension had ended, the Defendant No.2 issued an order to revoke the license, in effect of
the day after the license suspension had ended. Thus, the Plaintiff filed a case with the Court requesting the Court to revoke the Defendant No.2’s order of suspension and revocation of the license, including an order of suspension of DMC broadcasting. The Administrative Court of First Instance denied the request for the Court to revoke the license suspension order; however, the Supreme Administrative Court reversed
the decision. The Supreme Administrative Court concluded that although the order of suspension was expired when the plaint was submitted to the Court, the Court would set aside the order retrospectively – to be in effect on the day the order was issued – if the order was unlawfully issued. In addition, the Plaintiff was not required to request the Defendant No.2 to review its decision to suspend the license before filing a case with the Court and the case was submitted to the Court within a time period. Consequently, the Court would accept the Plaintiff’s request. 




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ปรับปรุงข้อมูลเมื่อ : 12 ธ.ค. 2562, 09:57 น. | กลับขึ้นด้านบน |