Judgment of the Regional Court in Warsaw 2nd Civil Division of 23th April 2018
II C 172/15
- The charge of limitation raised against some of the members of the group should be resolved in potential future individual proceedings.
- The type of possession is therefore determined primarily by the extent of actual power over the item and whether it takes place with the express or implied consent of another person. An autonomous possession may be established where the de facto power over an item has the general characteristics facilitating the establishment of possession and, moreover, consists in the use of the item with the exclusion of other persons and is independent of the express or implied consent of another person, in particular, independent of the owner’s consent.
- Litigation against the State Treasury means that where multiple claims are filed, in relation to different organizational units, if even one of them is allowed, in practice, it means winning the trial in its entirety. Such a judgment, once it has become final, acquires the character of an enforcement title, on the basis of which the creditor can satisfy themselves to the same extent as if the claim had been allowed in respect of each of the statio fisci.