Decision of the Regional Court in Opole 1st Civil Division of 11th August 2016
I C 123/14

1. The provision of Article 417 CC regulates the liability of the State Treasury and local government units for damage caused by an unlawful action or omission while exercising public authority. It constitutes a general basis for the liability of public authorities for their acts of authority in their sovereign capacity which does not apply only in situations where the legislator by way of another specific provision regulates consequences of certain acts of public authorities in their sovereign capacity.
2. In the case of any damage caused by public authorities or local government units outside of the scope of sovereign capacity, they are not liable under Article 417 CC, but on the general civil law principles (Articles 416, 433-436 CC).
3. The provisions of the Act on Crisis Management emergency containing the standards of behaviours expected of the public authority bodies are general in nature, especially as regards point 1 item 2 of Articles 17 and 19 of the Act.

The Regional Court in Opole 1^st Civil Division in the following ruling bench:

The Chairman: Katarzyna Faff, Regional Court Judge (rapporteur)

The Judges: Beata Hetmańczyk, Regional Court Judge; Halina Jagieła, Regional Court Judge

having examined on 28 July 2016 in Opole at a hearing of the case filed by K.K (1) – a representative of a group of residents of (…) street and (…) street  and the township of K, which is composed of the following individuals: (…) against the Municipality of K. – the President of the City of K. and the Poviat of K – S.K. for ascertainment,

decided to

1. award the costs of legal representation in the court of first and second instance in the amount of PLN 19,800 from K.K. (1) representative of the group of residents of (…) street and (…) street which group comprises parties named in the introduction to the Defendant Poviat K. S. K.,
2. award the costs of legal representation in the court of first and second instance in the amount of PLN 19,800 from K.K. (1) representative of the group of residents of (…) street and (…) street which group comprises parties named in the introduction to the Defendant Commune of K. – the President of the City of K.,
3. dismiss the case.

The above information was prepared based on public information provided by the President of the Regional Court in Opole.

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