Judgement of the Regional Court in Płock 1st Civil Division of 23rd April 2018
I C 863/12

1. In the Court’s opinion, the requirement to comply with the “principle of sustainable development” concerns both of the indicated issues, i.e. ensures: safety and environmental protection. The social benefits achieved in each of these fields must be at least proportional, socially adequate to the losses incurred while ensuring indicated goals.
2. The incorrectness of exercising public authority may consist of violations of constitutional rights and freedoms, constitutional rules of public authority operations, requirements set forth in statutes, executive acts (breaches of substantive and procedural law), as well as violations of non-legislative rules connected in different ways with legislative rules. The object of the public authority’s tort may be solely the violation of particular provisions ordering (or prohibiting) specific acts from being performed in a given situation, but not the violation of general aims of broadly understood criminal proceedings, directives and postulates.
3. In the Court’s opinion, flood protection, ensured among others through the system of prohibitions and orders stipulated in the Water Law, constitutes an imperative interference with individual rights, i.e. it is a form of the exercising public authority, the main element of which is the inequality of the parties. On the other hand, the duties belonging to the so-called dominium area, are only those whose purpose is the use of property by the state while participating in ordinary civil law transactions.

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

Presiding judge:         Agnieszka Bilkiewicz, Regional Court Judge

Judges:                        Joanna Szatkowska, Regional Court Judge, Marta Dunajska, Regional Court Judge

having examined on 9^th April 2018 in Płock at the hearing the group action filed by W. S. (1) acting as a representative of the group consisting of [data of 28 group members] against the State Treasury – Voivode (…), State (…), the (…) Voivodeship and the P. Poviat, for the establishment of the defendants’ liability,

decides to

1. establish the joint and several liability of the State Treasury – Voivode (…), (…) and (…) Voivodeship for damage caused to group members consisting of: [data of 28 group members], resulting from tort of an illegal act committed by the defendants while exercising public authority in scope of flood protection in the area of the defendants’ jurisdiction, which led to the breaking of the flood bank located along the left bank of the W. river, k.m. W. 611, in the town of the Ś., S. commune, P. Poviat, (…) Voivodeship, on 23^rd May 2010, and then two floodings of the area located on the left side of the W. river, in the area of D. I. – D. in May and June 2010;
2. dismiss the action against the P. Poviat
3. determine the court fee for the action for establishment at PLN 5,000;
4. order the claimant W. S. (1) to pay the amount of PLN 44,217 (forty four thousand two hundred and seventeen zlotys) to the benefit of defendant the P. Poviat as reimbursement of the costs of the proceedings;
5. order the defendants: the State Treasury – Voivode (…), State (…) and the (…) Voivodeship to jointly and severally pay the amount of PLN 53,883 (fifty three thousand eight hundred and eighty three zlotys) to the benefit of the claimant W. S. (1) as reimbursement of the costs of the proceedings;
6. order the defendants: the State Treasury – Voivode (…), State (…) and the (…) Voivodeship to jointly and severally pay the amount of PLN 52,912.75 (fifty two thousand nine hundred and twelve zlotys seventy five groszy) to the benefit of the State Treasury – Regional Court in Płock as reimbursement of the costs of the proceedings.