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The Supreme Court has dismissed a State Treasury appeal against a judgment awarding our client damages for the loss of real estate unlawfully taken over under the Warsaw Decree of 1945. The Court found that a final decision within the meaning of article 160 § 6 of the Code of Administrative Procedure is the second decision of a minister or local board of appeal issued as a result of a case review application being upheld.
The Supreme Court found that the above said rule applies to all decisions – those issued prior to the amendments to the Code of Administrative Procedure of 2011 and later decisions. The limitations period for claims for damages should therefore, in the situation in question, be calculated only from the second decision of the minister or local board of appeal. This constitutes a significant about-face, useful for former real estate owners, to numerous previous judgments on this issue. It is worth adding here that this about-face was confirmed in a later resolution adopted by a panel of seven Supreme Court judges on 20 January 2015, III CZP 78/14 (OSNC 2015, no. 6, item 66) which cited the statement of reasons for the judgment obtained by DZP numerous times.
In the case at hand (I CSK 732/12) the Supreme Court also found that the State Treasury’s allegation that the claim for damages was time barred was based on legal ambiguities which were judged only by a resolution of the entire panel of the Civil Chamber of the Supreme Court of 31 March 2011, III CZP 112/10 (OSNC 2011, nos. 7-8, item 75) and constitutes abuse of a right within the meaning of article 5 of the Civil Code.
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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