Case law > Judgement of the Regional Court in Kraków 1st Civil Division of 19th October 2017

Judgement of the Regional Court in Kraków 1st Civil Division of 19th October 2017
I C 1419/10

  1. The doctrine and jurisprudence emphasise that the danger for citizens’ life, health and property, brought by the flood, causes the necessity to secure the social order in an organised manner. Public administration bodies (government and self-government) must be involved in this task, as they are responsible for providing flood protection. This goal may be achieved only by taking actions in the imperative form through the use of prohibitions, orders and appropriate restrictions, and the forms of such imperative actions can be used solely by public administration authorities. In the light of the above, there is no doubt that all activities in the field of flood protection, i.e. those aimed at minimising the risk related to the flood by creating an appropriate flood protection system, as well as those involving a quick reaction in the event of a real flood risk should be classified as belonging to the imperium
  2. In the Polish legal system, tasks in the field of the protection of citizens and property against flood are divided between a number of entities and bodies of government and self-government administration, and these entities should cooperate with each other and coordinate activities at various levels of the system. Hence, there is a necessity to establish the liability of many entities for damage suffered by group members, since one entity is responsible for the condition of the embankment, another for the embankment area, another for the condition of the river bed, and yet another for the coordination and conducting of anti-flood actions, and only all these tasks undertaken comprehensively can provide adequate flood protection. Contrary to the arguments of the defendant State Treasury, the civil structure of the complex tort is adequate to such a situation.
  3. The doctrine states that joint and several liability may arise only for one damage. The indivisibility of the damage takes place when, in the area of legally protected goods, it is impossible to mark (separate) damage caused by the actions of the individual entities, who are liable for the damage. The arisen joint and several liability related to the commission of a tort creates the same liability for all joint and several debtors. Its scope is the same for each of them, regardless of the degree of fault, the contribution to the damage or other circumstances.
  4. It is doubtful that in case for establishment of the liability for damages, it would be possible to raise the defence of limitation, since this institution concerns only the right to claim the benefit.

 

The Regional Court in Kraków 1st Civil Division with the following ruling bench:

Presiding Judge:            Marta Woźniak, Regional Court Judge

Judges:                            Agnieszka Włodyga, Regional Court Judge

Ewa Olszewska, Regional Court Judge

having examined on 19th October 2017 in Kraków at the hearing the group action filed by Z. R. acting as a representative of a group consisting of [data of group members] against the State Treasury – Voivode Ś., Director of the Regional Board for Water Management in K.; the Ś. Voivodeship; S Poviat.; S. Municipality , for establishment,

decides to:

  1. establish the joint and several liability of the defendants: the State Treasury – Director of the Regional Board for Water Management in K. and the Ś. Voivodeship for damages caused to the members of the group consisting in [data of 27 group members], resulting from the complex tort committed by the defendants: the State Treasury – Director of the Regional Board for Water Management in K. and the Ś. Voivodeship consisting in the unlawful exercising of public authority in the field of flood protection (improper fulfilment of obligations) by the defendants, in the area of the S. Poviat of in the Ś. Voivodeship, which led to water overflow through the crown of the flood embankment located along the W. River in the district of the K. Municipality of S., located on plot of land no. 1407, precinct 5 right-bank S., and its interruption as a result of blurring on 19 May 2010, and to further consequences related to this event,
  2. dismiss the action in the remaining part,
  3. determine the final court fee for the action at the amount of PLN 100,000 (one hundred thousand zlotys),
  4. order the State Treasury – Director of the Regional Board for Water Management in K. and the Ś. Voivodeship to jointly and severally pay the amount of PLN 124,020 (one hundred twenty four thousand and twenty zlotys) to the benefit of Z. R. (a group representative) as reimbursement of the costs of the proceedings,
  5. order the Ś. Voivodeship to pay the amount of PLN 96,600 (ninety six thousand six hundred zlotys) to the benefit of the State Treasury – the Regional Court in Kraków as a missing part of the court fee for the action,
  6. order the State Treasury – Director of the Regional Board for Water Management in K. and the Ś. Voivodeship to jointly and severally pay the amount of PLN 42,711.70 (forty two thousand seven hundred eleven zlotys and 70/100) to the benefit of the State Treasury – the Regional Court in Kraków as a missing part of the amount for the expenses incurred in the case,
  7. order the Z. R. (a group representative) to pay the amount of PLN 7,200 (seven thousand two hundred zlotys) to the benefit of the S. Poviat and S. Municipality, to each of them, as reimbursement of the costs of legal representation,
  8. order the State Treasury – Director of the Regional Board for Water Management in K. and the Ś. Voivodeship to jointly and severally pay the amount of PLN 7,200 (seven thousand two hundred zlotys) to the benefit of Z. R. (a group representative) as reimbursement of the costs of legal representation.