Judgment of the Court of Appeal in Wroclaw, 1st Civil Division, dated 12th October 2020
I ACa 478/19

The Court of Appeal in Wroclaw, 1^st Civil Division, composed of:

Presiding Judge:            Ewa Barnaszewska, Judge of the Court of Appeal (Judge – Rapporteur)

Judges:                            Małgorzata Lamparska, Judge of the Court of Appeal;

Janusz Kaspryszyn, Judge of the Court of Appeal

having recognized on 12^th October 2020 in Wrocław at a hearing

the case brought by K. K. – representative of a group of residents: [data of 132 persons]

against the Municipality of K. – President of the City of K. and Poviat of K. – Starost of K.

for determination

as a result of the plaintiff’s appeal against the judgment of the Regional Court in Opole dated 11^th August 2016, ref. no. I C 123/14:

1. amends the appealed judgment in such a way that it establishes joint and several liability of the defendants for an increase of damages caused to the plaintiffs’ property in connection with causing an increase in the level of inundation of the areas inhabited by the plaintiffs as a result of the flood on the Odra River on 18^th and 19^th May 2010 and awards from the defendants jointly and severally in favor of the plaintiffs’ group the amount of PLN 79,921 in litigation costs, as well as the amount of PLN 27,100 in expenses paid in advance for the opinion of the Team of Experts (…) at the (…) Council of the Federation of Technical Associations (…);
2. orders the defendants jointly and severally to pay to the plaintiffs’ group the amount of PLN 69,480 of the costs of the appeal proceedings;

orders the defendants to pay jointly and severally to the State Treasury – Court of Appeal in Wroclaw the amount of PLN 20,334.70 as expenses incurred.