TOMASZ PRZYBECKI
10-03-2015

Conversion of perpetual usufruct – CT ruling closes the way for entrepreneurs

Today’s Constitutional Court ruling has closed the way for entrepreneurs to convert the right of perpetual usufruct into ownership, restoring the narrow catalog of entities eligible for transformation according to the state of affairs prior to October 9, 2011, i.e. prior to the Act amending the Act of July 29, 2005 on transformation of the right of perpetual usufruct into ownership.

Undoubtedly, the ruling will improve the financial situation of municipalities and the Treasury, but it is impossible to pass over in silence the difficult situation of entrepreneurs, who will continue to be forced to pay annual perpetual usufruct fees, often in horrendous and inadequate amounts, with strongly limited prospects for their reduction.

The Court’s commented ruling directly affects the situation of many law firm clients. Once the written reasons for the verdict are published, it will be possible to determine the extent of customer losses and implement remedial measures.