Decision of the Court of Appeals in Kraków 1st Civil Division of 28th June 2019
I ACa 954/18

Court of Appeals in Kraków 1^st Civil Division with the following ruling bench:

Presiding Judge:            Marek Boniecki, Court of Appeals Judge

Judges:                            Grzegorz Krężołek, Court of Appeals Judge

Sławomir Jamróg, Court of Appeals Judge (rapporteur)

having examined on 28^th June 2019 in Kraków at the hearing of the group action filed by Z. R. acting as a representative of the group consisting of: [data of group members] against the State Treasury – the State Water Enterprise ‘Wody Polskie’ in Warsaw [Państwowe Gospodarstwo Wodne Wody Polskie w Warszawie] and the (…) Voivodeship for establishment of the defendants’ liability,

following the defendants’ appeals against the judgement of the Regional Court in Krakow of 19^th October 2017, file ref. no. I C 1419/10,

decides to

refer the following legal issues which pose serious doubts to be resolved by the Supreme Court:

“1. Whether a regional self-government community – a voivodeship is liable for damages caused by an unlawful act (omission) of the voivodeship marshal committed while exercising public authority within the scope of the tasks delegated by the governmental administration, stipulated in Article 75.1 of Act of 18 July 2001 Water Law (i.e. previous water law with wording published in the Journal of Laws from 2001, No 115, item 1229, with amendments published in the Journal of Laws from 2004, No 116, item 1206)?

2. In the event of positive answer to the question in point 1:

Whether the State Water Enterprise ‘Wody Polskie’ in Warsaw [Państwowe Gospodarstwo Wodne Wody Polskie w Warszawie] joined the proceedings under Article 534.5 subpoint 3 of Act of 20 July 2017 Water Law (i.e. the new Water Law, Journal of Laws from 2017, item 1566) by operation of law as of 1^st January 2018, replacing the voivodeship which participating in the case so far?”