Lawsuit for more than PLN 9 million in damages for illegal nationalization of enterprise
The firm has filed a lawsuit seeking more than PLN 9 million in damages for the unlawful nationalization of the pre-war company.
Our client’s family was deprived of ownership of a business in Poznań between 1950 and 1960, without compensation. The client represented by the law firm, after many years of efforts, obtained decisions in 2021 declaring the invalidity of the flawed decisions of the people’s authorities, sharing in full the arguments of the law firm. Such decisions are prejudicial to a compensation case against the Treasury.
Unfortunately, in 2021, The Polish parliament amended the Code of Administrative Procedure (KPA) in such a way that after the expiration of 30 years from the issuance of a decision, a case for its invalidity cannot be initiated, and existing proceedings are subject to discontinuance. This was also the fate of the decisions issued in favor of the Firm’s client – the case was discontinued at the second instance stage, and the discontinuance was eventually upheld by the Supreme Administrative Court.
In the Law Firm’s opinion, the provisions of the amendment to the PAC – which deprive a citizen of the possibility of obtaining a prejudiciary for compensation cases – shaped in this way, are unconstitutional. Thus, the Law Firm has filed a lawsuit on behalf of the heir of the pre-war owners of the enterprise against the State Treasury for compensation for the loss of the enterprise in the amount of approximately PLN 9 million, and the basis of the lawsuit demand is, among other things, article 77 (2) of the Polish Constitution.
In addition, the issue of the constitutionality of the provisions of the amendment to the PAC will be examined by the Constitutional Court in a case on the complaint of the ROP, file reference K 2/22.