Judgement of the Regional Court in Cracow 1st Civil Division of 8th April 2014
I C 545/11

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 the public authority. The actions of a municipality related to the construction of a sewage grid and the conclusion of agreements with residents should be qualified as actions in the scope of civil law since no elements of the sovereign shaping of a situation of individuals arose. There are no grounds for qualifying the municipality’s actions generally related to the construction of the sewage grid, including the participation in the costs of construction, as acts of authority in its sovereign capacity.