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On 20 December 2012 the Court of Appeal in Warsaw issued a judgment that dismissed an appeal brought by the capital city of Warsaw against a Regional Court judgment obliging the City to file a declaration of intent to extend the term of the perpetual usufruct for real estate located in an area covered by the Warsaw Decree of 1945, which – as the defendant claimed – was still in an area covered by the decree during the proceedings.
The Court of Appeal judgment (I ACa 722/12) is significant as it concerns the growing problem of a collision between decree claims and a claim brought by a current perpetual usufructuary to extend the term of this right. It is worth adding that in practice this problem is not adjudicated in a uniform manner, with an example being a judgment passed by the Court of Appeal in Warsaw, I ACa 1147/10, in which a difference stance was taken and one which was unfavourable to current perpetual usufructuaries. However, in Supreme Court case law (starting from the judgment of 9 May 2014, I CSK 342/13) the stance taken by DZP in the case in question is the prevailing stance.
The case was handled by Lech Żyżylewski and Piotr Gołaszewski from DZP’s Real Estate Practice, specialising in, inter alia, reprivatisation issues.
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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