Decision of the Court of Appeals in Warsaw 1st Civil Division of 13th November 2014
I ACa 664/14

The Court of Appeals in Warsaw 1st Civil Division in the following ruling bench:

Presiding Judge: Marzena Góral, Court of Appeals Judge

Judges: Edyta Jefimko, Court of Appeals Judge (rapporteur); Joanna Staszewska, Regional Court Judge (delegated)

having examined on 13th November 2014 at the hearing the case filed by the Poviat of (…) as the representative of the group of poviats comprising: (…) against the State Treasury – the Minister of Infrastructure and Development for establishment following the Claimant’s appeal against the decision of the Regional Court in Warsaw dated 17th December 2013, file ref. no. II C 593/12

decides to:

on the grounds of Article 390 (1) of the Polish Code of Civil Procedure to submit the legal issue with the following content for settlement to the Supreme Court of the Republic of Poland:

’In the case of filing of an action on the grounds of Article 2 (3) of the Polish Act on Pursuing Claims in Group Proceedings  – for the establishment of the defendant’s compensatory liability for damage incurred by legislative nonfeasance – is the court entitled to examine the legitimacy of the allegation that the compensatory claim is barred by statute of limitations?’