On October 27, 2015 the Constitutional Court passed a judgment, in which it has confirmed the principle of Polish law of strictly limited liability of the Treasury for the damage caused by the court by passing an unlawful sentence.
Upon the provisions being in force, such liability is possible if it will be stated in separate proceedings that the sentence has been passed with the violation of law. According to the hitherto interpretation, for the Treasury’s liability to exist, the violation has to be obvious and flagrant. The Constitutional Court has found these restrictions constitutional.
As a consequence, shall a party be aggrieved by an unlawful final judgment, obtaining of the indemnification is in practice significantly hindered.