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The Real Estate Practice has successfully represented the (direct) heir to the owner of real estate at Al. Róż, restored to the owner pursuant to the Warsaw Decree, in cases to set aside administrative decisions issued before 1990 to sell to third parties premises in the pre-war building (meeting the conditions in article 5 of the Decree) standing on the restored real estate.
In five judgments – of 2 June 2017 (I OSK 2136/15) and of 1 September 2017 (I OSK 2180/15, I OSK 2345/15, I OSK 2386/15 and I OSK 2325/16) – the Supreme Administrative Court (SAC) broke a long line of jurisprudence and ruled in accordance with DZP’s stance that the authority with jurisdiction to decide cases to set aside administrative decisions issued before 1990 to sell to third parties premises in buildings covered by the Decree (meeting the conditions in article 5 of the Decree) is the Mazowiecki Voivod, not the Local Government Appeals Board in Warsaw.
The SAC judgments obtained by DZP also have significant civil law reference, as supervisory decisions issued to date by the Local Government Appeals Board in Warsaw (and thus, in light of the above-said judgments, an authority that does not have jurisdiction) on the unlawfulness of administrative decisions passed before 1990 to sell to third parties premises in buildings covered by the Decree (meeting the conditions in article 5 of the Decree) are also frequently the basis for claims for damages being brought against the State Treasury.
The case was conducted by DZP lawyers Lech Żyżylewski and Piotr Gołaszewski in our Real Estate Practice, specialising in, among other things, reprivatisation matters and issues concerning the application of administrative and administrative court procedures in real estate cases.
From 25 May 2018 the General Data Protection Regulation (GDPR) applies in Poland and other European Union countries. We would therefore like to give you several details on the subject of how DZP processes personal data.
The administrator of the personal data is Domański Zakrzewski Palinka Sp.k. (“DZP”; address: Rondo ONZ 1, 00-124 Warszawa). Data are processed for contact purposes and to impart information on changes to provisions and authority practices and on other issues, including events concerning day-to-day legal, economic and cultural issues, inter alia, by sending DZP newsletters. The above is carried out on the basis of legitimate interests, i.e. in accordance with art. 6(1)(f) of the GDPR. Data can also be processed where necessary for the conclusion or performance of a contract and for compliance with a legal obligation to which DZP is subject, i.e. pursuant to art. 6(1)(b) and (c) of the GDPR. Data can be transferred to entities with whose help DZP achieves the indicated aims, including entities maintaining IT infrastructure. Giving data is voluntary and in contractual relations is a requirement for concluding and performing a contract. It is possible to object to data processing, request access to, rectification and erasure of personal data or restriction of processing and data portability. Data are kept until an objection is made, and in contractual relations – throughout the term of the contract and thereafter for a period specified in provisions on archiving and limitations period for claims. Anyone has the right to file a complaint with the President of the Personal Data Protection Office. Questions concerning privacy at DZP can be sent to DZP’s Data Protection Inspector, Macieja Maciejewskiego, at: firstname.lastname@example.org.
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