Decision of the Regional Court in Opole, 1st Civil Division of 13th December 2010
I C 454/10

  1. In accordance with Article 16 section 3 in conjunction with Article 186 section 1 of the Water Law Act, only in the event of a case initiated against the owner of water or owner of water equipment in relation to the flooding of land during a flood as a result of owner’s lack of adherence to the provisions of the act, is one entitled to compensation (on the terms and conditions indicated in the Water Law Act), which can be pursued directly by means of seeking redress to court without the need of exhausting the manner of administrative proceedings.

The decision was set aside with the decision of the Court of Appeals in Wrocław of 29th July 2011, file ref. no. I ACz 1112/11.

 

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