News
Supreme Court resolution on limited use areas
On 29 April 2022, in a case under III CZP 81/22, the Supreme Court, answering a legal question whether the mere introduction of a limited use area due to the impossibility of maintaining environmental protection standards against noise in connection with functioning of an airport under the provision of Article 135 para. 1 of the Environmental Protection Law may be regarded as a limitation of the manner of using real property, constituting an independent and sufficient basis for a claim for compensation for a reduction in the value of real property, the Court held that it did not and that only specific orders, prohibitions and recommendations addressed to owners of real property located in the limited use area may be regarded as limiting the manner of using real property.
Precedentious lawsuit with value exceeding PLN 700.000
The law firm Babiaczyk, Skrocki i Wspólnicy on behalf of one of its clients brought a case to the Regional Court in Wrocław against one of Lower Silesian housing cooperatives regarding a decrease in the value of utility premises as a result of unlawful actions and negligence of the cooperative.
Win against the insurer in a precedential damages dispute
On the 4th of April 2022 the Regional Court in Łódź, changing an earlier verdict of the district court, as a result of an appeal filed by the Law Firm, has accepted a claim for compensation brought by the Law Firm on behalf of the Client (a company belonging to one of the largest capital groups in Europe) against the insurer.
Resolution of the Supreme Court concerning the costs of bailiff enforcement
On 26 April 2022 The Supreme Court, in a case under case number III CZP 91/22, adopted a resolution concerning the creditor’s incurring the costs of non-expedient initiation of enforcement in the case of filing a motion to initiate enforcement when the limitation period for the claim covered by the enforcement title has expired.
Judgment of the Constitutional Tribunal on municipal ordinances
On 27 April 2022, in the case ref. no. K 12/20, the Constitutional Tribunal ruled that the provision of Article 40 clause 3 and clause 4 of the Act on Municipal Self-Government, to the extent to which it restricts the competence of the municipality to enact enforcement regulations only with respect to the matter in which there is no statutory regulation, is consistent with the Constitution.
Win in an anti-enforcement case worth over PLN 1,000,000
On the 18th of March 2022 the Regional Court in Bydgoszcz issued a judgment favourable for the Law Firm’s Client in a case regarding deprivation of enforcement title.